* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] ALL RIGHT. ALL RIGHT. IT'S 1:03 PM I'M GONNA CALL, UH, THE MEETING, THE BOARD OF ADJUSTMENTS TO ORDER. UH, CAN WE HAVE THE SPANISH INTERPRETER, PLEASE? GOOD AFTERNOON, CIA. THANK YOU, CHAIR. THANK YOU VERY MUCH. UH, IF EVERYONE COULD, UH, STAND UP AND JOIN ME IN THE PLEDGE OF ALLEGIANCE IN UNITED STATES AND AMERICA IN WITH LIBERTY AND JUSTICE FOR ALL STAFF. IF YOU COULD PLEASE CALL RO MR. MENCHACA. PRESENT. MS. BROWN? HERE. MS. HAYES? PRESENT. MS. CRUZ? HERE. MR. ZUNIGA? HERE. MR. MANNA? PRESENT. MS. KAPLAN? HERE. MR. CODDLE? HERE. MS. BRAGMAN? HERE. MR. OZUNA, PRESENT. CHAIR ORIAN. AND I'M ALSO PRESENT. SO WE HAVE 11 SEATED TODAY. UH, I'D ALSO LIKE TO TAKE THIS TIME WE HAVE, UH, ADDITIONAL ALTERNATES WHO HAVE BEEN APPOINTED. IF THEY'D LIKE TO INTRODUCE THEMSELVES, UH, IN THE GALLERY. UH, WE CAN START WITH, UH, COMMISSIONER ZACHARY. YOU CAN JUST, UH, HELLO? UH, YEAH. COMMISSIONER. COMMISSIONER ROSSI. IS IT, UH, IS RAHI RHI RAHI? HOW YOU DOING, SIR? HOW ARE YOU? AND, UH, THIRD IS COMMISSIONER, UH, BONNI. ALL RIGHT. THANK YOU VERY MUCH. UH, THEY WERE ALL RECENTLY APPOINTED IN THE LAST, UH, WEEK OR SO, SO THAT'S, UH, WONDERFUL. [ Briefing and Possible Action on the following items  ] SO BEFORE WE GET, UH, BEGIN WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. UH, FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME, ME AS THE CHAIR, AND I'LL READ THEM AT THE APPROPRIATE TIME OF THE MEETING. SO, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, CO CITY ZONING CODES, AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY, NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE THOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35, AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT ORS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES AN INCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELEASE OUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. SO PLEASE ADMIT YOUR PRESENTATION OR REMARKS OF THE PERTINENT FACTS OF YOUR CASE. AND I CAN'T STRESS THAT ENOUGH. UH, WE HAVE 15 CASES TO HEAR TODAY. UH, AND WE REALLY JUST WANT TO HEAR, UH, THE PERTINENT FACTS AND ITEMS THAT ARE GERMANE TO THE CASE. UH, STAFF, [00:05:03] GOOD AFTERNOON. STAFF WILL BE BEGIN EACH CASE WITH A SHORT PRESENTATION AS A REQUEST PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY. CHECK MARK INDICATES THOSE PROPERTIES OWNERS IN FAVOR OF THE REQUEST, AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY OTHER QUESTIONS BY THE BOARD, THE APPLICANT WILL BE PRESENT FOR WILL PRESENT THE REQUEST. FOR THOSE THAT ARE SIGNED UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE FOR SPECIAL EXEMPTION, YOU'LL BE CALLED IN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER, AND YOU'LL NOT BE OBLIGATED TO USE THE MAXIMUM TIME LIMITATION. FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOWED MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THE APPLICANT WILL NOW BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT, ALONG WITH ANY OPPORTUNITY TO ADDRESS BOARD OF QUESTIONS. THANK YOU, CHAIRMAN. YES. UH, SO THE FIRST ITEM OF BUSINESS TODAY IS THE APPOINTMENT OF THE, UH, PRIMARY AND THE ALTERNATE TO THE, UH, PLANNING COMMISSION TECHNICAL ADVISORY COMMITTEE. UH, DOES, IS THERE ANY BOARD MEMBERS WHO WOULD LIKE, UH, TO SERVE ON THE TAC FOR THE NEXT TWO YEARS? AND KEEP IN MIND THAT THE, THAT THE U D C AMENDMENTS ARE OVER, THERE'S GONNA BE A VERY LIMITED ENGAGEMENT. YOU MIGHT MEET ONCE OR TWICE A YEAR. AND, UH, SO IT'S A GREAT TIME IF YOU WANT TO GET YOUR, UH, FEET WET. SO, WHO WOULD LIKE TO BRAGMAN? OKAY. COMMISSIONER BRAGMAN. AND COMMISSIONER MIN CHAKA. AND COMMISSIONER KAPLAN. UH, IS THERE ANYONE ELSE WHO WOULD LIKE TO SERVE AS A PRIMARY MEMBER? AND COMMISSIONER CRUZ. SO THERE'S FOUR MEMBERS. UH, SO WE'RE GONNA GO FROM LEFT TO RIGHT. COMMISSIONER MENCHACA, IS THERE ANY, WANNA STATE, STATE ANYTHING OR, UH, NO. I WAS JUST CONCERNED ABOUT THE TIME MEETINGS. THAT'S ALL. OKAY. THAT'S THE MAIN THING, COMMISSIONER. BUT, UH, THANK YOU FOR THE PRIVILEGE. THANK YOU. UM, I'M FLEXIBLE, SO I, I'M ABLE TO ATTEND MEETINGS. OKAY. COMMISSIONER, UH, KAPLAN. COMMISSIONER CRUZ? I'M GOOD. OKAY. SO WHAT WE'RE GONNA DO IS, UH, MA'AM, WE'LL NEED YOU TO USE YOUR MICROPHONE, PLEASE. UH, THE ONLY ONLY ISSUE I HAVE IS THE, I THINK IT'S THE SECOND TUESDAY OF EVERY MONTH. OKAY. WELL, THAT'S WHY WE HAVE ALTERNATES. SO, SO FOR THE, FOR THE MAIN MEMBER, WE'RE GONNA LOOK FOR, UM, WE'LL GO DOWN AND VOTE. UH, UH, HOW ARE WE GONNA DO THIS? HERE? LET'S, LET'S TAKE THAT ROLL CALL, VOTE AND, UH, PLEASE STATE WHOEVER YOU WOULD LIKE, UH, TO VOTE FOR, AND WE'LL SEE WHO HAS THE MOST VOTES, UH, FOR THE PRIMARY MEMBER. MR. MENCHACA? NO, FOR YOU. MR. MENCHACA, WHO DO YOU VOTE FOR? BRAGMAN MS. OH, OKAY. MS. CRUZ. MS. BREMAN? MR. ZUNIGA. MS. BRAGMAN. OKAY. MR. MANNA? BRAGMAN. MS. KAPLAN? MM-HMM. ? MYSELF. MR. OZUNA? MS. BRAGMAN? CHAIR? ORIAN. BRAGMAN. OH, OKAY. YOU CAN CALL MR. UH, MR. CODDLE. SORRY. HOLD ON. OH, OKAY. MS. HAYES. MS. BRAGMAN, MS. BROWN. I'M SORRY. I, I DON'T, I I DON'T, YOU CAN ABSTAIN IF YOU WANT. WELL, ABSTAIN. OKAY. . IS THAT EVERYONE? OKAY. SO THEN WE HAVE, UH, MS. BRAGMAN, YOU'RE A PRIME MEMBER TO THE TAC. UH, LET'S GO FOR THE ALTERNATE. UH, I, I NOMINATE MR. MENCHACA. OKAY. COMMISSIONER MENCHACA. IS THERE ANYONE ELSE WHO WOULD LIKE TO NO, UH, NOMINATE OR SELF NOMINATE? OKAY. WE NOMINATED. OKAY. SO, COMMISSIONER MINKA, YOU'RE OUR ALTERNATE MEMBER OF THET BY ACCLAMATION. ALL RIGHT. SO WITH THAT, WE'RE GONNA MOVE ON TO THE THIRD ITEM ON THE AGENDA CASE ENDING IN 20, LOCATED AT 10 16 WEST ELLWOOD AVENUE. HELLO. GOOD AFTERNOON. UH, MARK CHAVEZ ZONING PLANNER. UH, I'M SORRY. WE'RE DOING THE, UH, APPEAL FIRST. I'M SORRY. [00:10:01] OH, I APOLOGIZE. I DIDN'T REALIZE THAT. UH, WE ARE, WE ARE HEARING THAT FIRST. SO, UH, WE'RE GONNA BE MOVING TO, UH, THE ITEM FOR APPEAL FOR THE SHORT TERM RENTAL ITEM 10. DO YOU KNOW WHAT THE CASE NUMBER, UH, ENDS IN 90? YEAH, THAT'S OKAY. THAT IT SHOULD BE UP. GOOD AFTERNOON. LOGAN SPARROW, POLICY ADMINISTRATOR. AGENDA ITEM NUMBER 10 IS A RE, UH, REQUEST BY SETH GOODSTEIN FOR AN APPEAL OF MY DECISION TO REVOKE A SHORT-TERM RENTAL PERMIT LOCATED AT 1334 MERITUS STREET. THIS IS IN COUNCIL DISTRICT FIVE. UH, THE PROPERTY IS ZONED MF 33, UH, MILITARY LIGHTING OVERLAY DISTRICT, AS WELL AS THE AIRPORT HAZARD OVERLAY DISTRICT. UH, THE SUBJECT PROPERTY INITIALLY APPLIED FOR A SHORT-TERM RENTAL PERMIT IN JUNE 25TH, 2021, THAT WAS APPROVED A COUPLE MONTHS LATER IN SEPTEMBER 20TH. IN CASE THERE ARE QUESTIONS ON THE TIMING OF THAT. THIS WOULD'VE BEEN DURING OUR, UH, ONE OF OUR INITIAL WAVES OF RENEWALS FOR THE, UH, THE INITIAL, UH, OR, OR, UH, UH, PERMITS. UM, AS YOU ARE AWARE, SHORT-TERM RENTAL OPERATORS ARE REQUIRED TO REPORT THEIR REVENUES MONTHLY TO THE CITY'S FINANCE DEPARTMENT AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAX, AND THAT INCLUDES REPORTING $0 IN REVENUES, SHOULD THAT BE THE CASE. UH, THE CITY'S FINANCE DEPARTMENT WHO MANAGED COLLECTION SERVICES OF THAT HOTEL OCCUPANCY TAX FOR THE CITY NOTIFIED THE OWNER ON DECEMBER 12TH, 2022, THAT THERE WAS NO PAYMENTS OF THE HOTEL OCCUPANCY TAX SINCE THEIR PERMIT HAD BEEN ISSUED. UH, THAT NOTIFICATION INCLUDED LINES FROM OUR SHORT-TERM RENTAL ORDINANCE IN CHAPTER 16 THAT STATED THAT YOU HAVE 90 DAYS TO COME INTO COMPLIANCE. YOU HAVE 90 DAYS TO REMIT THAT HOTEL OCCUPANCY TAX, OR IT, IT'S, IN QUOTES ON THE SECOND BULLET, SHALL RESULT IN PERMANENT REVOCATION. I'LL REMIND THE BOARD THAT THAT IS A, UH, DECISION MADE BY CITY COUNCIL. IT IS NOT MAY RESULT IN PERMIT REVOCATION SHALL RESULT IN PERMIT REVOCATION. UH, WE REVOKED THAT SHORT-TERM RENTAL PERMIT, UH, ON MARCH 15TH, AND WITHIN HOURS OF US REVOKING THE PERMIT, UH, THEY, UH, CAME INTO THE FINANCE DEPARTMENT AND PAID ALL OF THE ASSOCIATED HOTEL OCCUPANCY TAX. AND THEY'RE NOW ASKING THAT OUR DECISION TO REVOKE THAT PERMIT AND IMPLEMENT THAT MANDATED 12 MONTH PENALTY BE APPEALED. UH, STAFF RECOMMENDS DENIAL OF THE REQUESTED APPEAL IN THAT THE ORDINANCE ONE REQUIRES THAT WE REVOKE IT, UH, TO, UH, THE OWNER AND OPERATOR OF THE SHORT-TERM RENTAL PERMIT, UH, FAILED TO COMPLY WITH OUR ORDINANCES AS FAR AS REPORTING AND PAYING. UM, SO FOR THOSE REASONS, WE DO RECOMMEND THAT YOU DENY THE REQUESTED APPEAL. UH, JUST A FEW QUESTIONS. UH, DID THEY, DID SO THEY WERE, IT WAS DENIED BECAUSE THEY OWED MONEY AND THEY ALSO DIDN'T REPORT, OR DID THEY REPORT AND JUST OWED MONEY AND DIDN'T PAY IT? YEAH, I'M GOING TO TURN TO SABRINA WITH OUR FINANCE DEPARTMENT FOR THAT ONE. OKAY. THEY DID NOT REPORT AND OR PAY. OKAY. AND THEN, UH, FINALLY, UH, DID THEY, YOU, SO THEY DID COME UP TO DATE, UH, AT WHAT TIME? HOW FAR LATE WERE THEY? IT WAS THE SAME DAY THAT THE PERMIT WAS REVOKED. IT WAS AFTER THE REVOCATION ACTION. UM, WHAT I WILL MENTION NOW THAT THEY HAVE REPORTED AND PAID THE REQUIRED, UH, HOTEL OCCUPANCY TAX, THEY WILL BE ELIGIBLE TO SEEK A NEW PERMIT, UH, 12 MONTHS AFTER THE DATE OF OUR REVOCATION. THAT IS ONE OF OUR REQUIREMENTS. SO WE IMPLEMENT A 12 MONTH PENALTY ON THE OPERATION OF A SHORT-TERM RENTAL AT THAT PROPERTY. BUT AFTER THAT 12 MONTH PENALTY IS OVER, PROVIDED THEY HAVE MADE THE REQUIRED HOTEL OCCUPANCY TAX PAYMENTS, THEY ARE ENABLED, UH, TO SUBMIT A NEW APPLICATION FOR A SHORT TERM RENTAL. OKAY. ARE THERE ANY COMMISSIONERS THAT HAVE QUESTIONS FOR STAFF BRAGMAN, COMMISSIONER CRUZ FIRST, BECAUSE SHE WAS A REASON IN BRAGMAN, SIR. SO THAT MEANS THEY WOULD NOT BE ALLOWED TO REAPPLY UNTIL MARCH OF NEXT YEAR, IS THAT CORRECT? CORRECT. MARCH 15TH, 2024. OKAY. COMMISSIONER BRAGMAN, UM, SO SINCE THEY WERE CAUGHT UP, HAVE THEY CONSISTENTLY FILED REPORTS AND PAID SINCE THEN? I'M SORRY, CAN YOU REPEAT THAT AGAIN? YEAH, SINCE THEY CAUGHT THEMSELVES UP WITH, UM, WHAT THEY OWED, HAVE THEY PAID AND HAVE THEY FILED REPORTS? YES, THEY HAVE. THANK YOU. OKAY. WAS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? OH, ZUNA COMMISSIONER ZUNA, REGARDING THE 90 DAY KIND OF, UH, NOTIFICATION OR FAILURE, HOW, SO WITHIN THE 90 DAYS AFTER YOU ISSUED THE LETTER, IS, WAS IT WITHIN THAT 90 DAYS OR WAS IT, WHEN DO YOU YOU ISSUE THE LETTER? WE, WE, SO THE FINANCE DEPARTMENT, YOU MIGHT WANT TO CHIME IN ON THIS ONE. SO WE ISSUED A, MAILED THE LETTER ON DECEMBER 12TH, 2022. [00:15:01] WE, AGAIN, SEND AN EMAIL REMINDER, WHICH WE NORMALLY DON'T, BUT WE DID FOR A COUPLE OF CUSTOMERS. WE SENT A REMINDER EMAIL ON JANUARY 11TH, 2023. AND AT THAT POINT, WHEN THE, HOW FAR IN DELINQUENCY WERE THEY WHEN THAT LED? THAT FIRST LETTER WENT OUT TO THE, UH, SO THEIR, THEIR PERMIT WAS INITIALLY ISSUED IN 2021. UH, LET ME GET THE EXACT DATE. THEIR PERMIT WAS ISSUED SEPTEMBER 20TH, 2021. SO AT THE TIME THAT THEY RECEIVED A LETTER, THEY WERE ALREADY 14 MONTHS DELINQUENT, SO OVER, OVER A YEAR IN DELINQUENCY? YES, SIR. WOW. AFTER THAT, NOTIF. OKAY. YEP. THANK YOU MANNA. MR. MANNA, UM, DO WE KNOW HOW MUCH IN ARREARS THEY WERE WITH REGARDS TO THE HOT TAX TAXABLE REVENUE WAS $26,496 AND 38 CENTS. WOW. OKAY. ALRIGHT. THANK YOU VERY MUCH. UH, SIR, WE'LL HEAR FROM THE APPLICANT. PLEASE. IS THE APPLICANT PRESENT? UM, 1334, UH, MEDA STREET, ITEM 10, MR. GOODSTEIN? NO. OKAY. UM, WITH THAT, I'M LOOKING FOR A MOTION. YES. SUNGA COMMISSIONER ZUNIGA, REGARDING CASE NUMBER BO O A 2 3 1 0 3 0 0 0 0 9 0. I MOVE AT THE BOARD OF ADJUSTMENTS, GRAND APPEAL FOR THE PROPERTY SITUATED AT 1334 MEIA STREET. APPLICANT BEING SENT IN GOLDSTEIN BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT'S SHOWS US THE CITY STAFF MADE A ERROR IN REVOKING THE SHORT TERM RENTAL PERMIT AND A MOTION. SECOND. SECOND BY COMMISSIONER MANNA. UH, ANY DISCUSSION? COMMISSIONER OOD, I'LL BE VOTING AGAINST COMMISSIONER MANNA. OH, SORRY. COMMISSIONER. VIOLATION OF THE CITY RULES. THANK YES, SIR. COMMISSIONER MANNA, COULD I ASK YOU TO EXPLAIN, UH, WHAT THE VOTE WILL BE ABOUT SO THAT WAY ALL OF THE MEMBERS UNDERSTAND, UH, VOTE. VOTE? YEAH, SURE. SO WE READ OUR MOTIONS IN THE AFFIRMATIVE. AND SO IF YOU ARE CITING, UH, WITH THE APPLICANT, YOU WOULD VOTE YES. IF YOU'RE CITING, UH, WITH THE CITY REVOKING, UH, THE PERMIT AND UPHOLDING THE CITY DECISION, YOU'LL BE VOTING NO. SO, UM, WITH THAT, I'M LOOKING FOR A ROLL CALL VOTE. MR. ZUNIGA. NO, I, I DON'T KNOW HOW TO CONCUR MR. MANO. UM, NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. MIN CHACO. I DO NOT CONCUR. MS. BROWN, I'M ABSTAINING. MS. HAYES? NO. MS. CRUZ? NO, I DO NOT CONCUR. MS. KAPLAN. I DO NOT CON I DO NOT CONCUR. MR. CODDLE? NO. MS. BRAGMAN? I DO NOT CONCUR. MR. OZUNA. I DO NOT CONCUR, MR. ORIAN. AND I ALSO DO NOT CONCUR. UH, MOTION FAILS. UH, 10 TO ZERO WITH ONE AB ABSTAINED. AND NOW WE'LL RE UH, GO TO ITEM THREE ON THE AGENDA, WHICH IS, UH, CASE ENDING IN 20 AT 10 16 WEST ELLWOOD. HELLO. GOOD AFTERNOON. UH, MARK CHAVEZ HERE, ZONING PLANNER. SO CASE 23 DASH 0 3 0 0 0 2. IT'S LOCATED AT 10 16 WEST LOW AVENUE CITY COUNCIL DISTRICT ONE, MY APPLICANT BEING ASHLEY WILLIAMS. AND REQUEST FOR ONE, A VARIANCE FROM THE FENCING DESIGN STANDARDS AS DESCRIBED WITHIN BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT TO ALLOW FENCING OR GATE STRUCTURES ACROSS THE DRIVEWAY IN THE FRONT YARD. AND TWO BEING A ONE FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE 13 FEET SIX INCHES FROM THE FRONT DRIVEWAY. AND THIS IS ZONED R SIX N C D FIVE BEING IN BEACON HILL. THE SUBJECT LOCATED ALONG, UH, WEST LOW WOOD, SOUTH OF WEST HOOD BBR. APPLICANT PURCHASED HOME NOT KNOWING THE RENOVATIONS THAT THE CONTRACTOR HAD DONE WERE IN VIOLATION OF THE N C D. THE ISSUE AT HAND WAS THE VIOLATION OF THE BEACON HILL, UM, NEIGHBORHOOD CONSERVATION DISTRICT TO ALLOW FENCE FENCING OR GAUGE STRUCTURES ACROSS THE DRIVEWAY IN THE FRONT YARD, TRIGGERING A ZONING U D C INVESTIGATION. UH, UPON SITE VISITS, STAFF OBSERVED THE FENCE OVER THE DRIVEWAY TO ALSO BE IN VIOLATION OF THE 15 FOOT CLEAR VISION REQUIREMENT. THIS IS THE SITE PLAN SHOWING THE FENCE OVER THE DRIVEWAY AND THE CLEARVIEW, IT'S THE PROPERTY WITH THE GA GATE OVER THE DRIVEWAY, SOME OF THE MEASUREMENTS WE TOOK, AND JUST THE SURROUNDING AREA. [00:20:05] SO OUR STAFF RECOMMENDATION, UH, RECOMMENDS DENIAL AND BO O A DASH 23 1 0 0 1 0 3 0 0 0 20. BASED ON THE FOLLOWING FINDINGS OF FACTS, THE NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS WERE CREATED TO PROJECT UNIFORMITY IN THE NEIGHBORHOOD. AND AS FOR THE CLEAR VISION, STAFF RECOMMENDS APPROVAL BASED ON THE FOND FOLLOWING, FINDING THE FACTS. ENOUGH ROOM EXISTS TO SAFELY DRIVE OUT OF THE DRIVEWAY WHEN I ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AND MY APPLICANT IS HERE. ALRIGHT, THANK YOU. IS THE APPLICANT PRESENT? HI. COME ON UP. STATE YOUR NAME AND TELL US ABOUT YOUR CASE. OKAY. I'M ASHLEY WILLIAMS AT 10 16 WEST ELLWOOD, AND I HAVE A PRESENTATION FOR US TODAY. AM I CLOSE ENOUGH? UH, IF YOU COULD BRING THE MIC. THERE YOU GO. HELLO? OKAY. ALL RIGHT. SO, LIKE I SAID, I LIVE AT 10 16 WEST LITTLEWOOD AVENUE AND I'M ASKING FOR, UM, AN EXCEPTION TO THE CODE THAT'S AND THE N C D CODE FOR THE GATE TO GO ACROSS THE DRIVEWAY. NEXT SLIDE. UM, SO THESE ARE YOUR EXISTING PROPERTY CIRCUMSTANCES. I PURCHASED THIS HOME AS PICTURED ON, UH, FEBRUARY 28TH, 2022. UM, THE SITE PLAN THAT WAS SUBMITTED TO THE CITIES OVER TO THE RIGHT, AND IT DID INCLUDE DEFENSE PLANS. UM, NEXT SLIDE. OOH, SO THE EXISTING PROPERTY CIRCUMSTANCES OF THE, UH, CITY OF SAN ANTONIO AND THE N C D CODE ENFORCEMENT. SO, UM, THE FENCE WAS INSTALLED FOR AT LEAST EIGHT MONTHS BEFORE I MOVED IN. UM, THE CITY OF SAN ANTONIO DOES NOT REVIEW SITE PLANS FOR FENCES WITHIN THE N C D. THEY ALSO DO NOT REQUIRE AN INSPECTION FOR THESE TYPE OF PERMITS. UM, THE CITY OF SAN ANTONIO CONFIRMED THAT THEY DON'T ACTUALLY SEEK THESE CITATIONS, AND IT'S REALLY UP TO THE N C D TO SELF-REPORT THESE VIOLATIONS. UM, THE N C D REPORTED THAT, UH, THEY, THEY SAID THAT THEY, UM, DIDN'T CATCH IT EARLIER. IT WAS THERE FOR EIGHT MONTHS PRIOR TO MY MOVING IN. UM, BUT I FOUND OUT WHENEVER I WAS PRESENTING TO THE N C D THAT IF IT HAD JUST GONE ANOTHER SIX MONTHS AND IT HAD BEEN INSTALLED FOR A COMPLETE TWO YEARS AFTER I RECEIVED THE VIOLATION, THAT IT WOULD'VE BEEN AUTOMATICALLY GRANDFATHERED IN. UM, I DON'T THINK IT SHOULD BE THE BURDEN OF RESIDENTS TO ENFORCE THE CITY RULES. AND I THINK THAT IF THE CITY WANTS TO ENFORCE THESE, THAT THEY SHOULD HOLD THE CONTRACTORS MORE RESPONSIBLE FOR THEIR ACTIONS. THIS IS A COMMON CONCERN FOR NOT ONLY BEACON HILL AND CD, BUT NCDS ACROSS THE CITY, AND I'M SURE UNINCORPORATED AREAS AS WELL. BUT IF THE CITY WANTS TO ENFORCE THINGS, THEN THERE NEEDS TO BE LEGISLATIVE ACTION THAT SOMEBODY NEEDS TO BE HELD ACCOUNTABLE FOR ENFORCING THESE RULES. UM, THESE WERE ENACTED IN 2008 AND THEN REVOLTED ON IN 2018, I BELIEVE. UM, AND MY REALTOR WAS NOT AWARE THAT THE N C D EXISTED. UM, THIS IS A, A PRETTY COMMON PROBLEM ACROSS THE REALTY, UM, PROFESSIONALS IN SAN ANTONIO. AND IF IT WAS ENACTED IN 2008 AND THE, UM, REAL ESTATE PEOPLE DON'T KNOW ABOUT IT AND NAB SOME NEIGHBORS STILL DON'T KNOW ABOUT IT, THEN YOU'RE NOT DOING A REALLY GOOD JOB OF ENFORCING THIS, UH, FAIRLY ACROSS ALL CASES AND AND PROPERTIES. NEXT SLIDE, PLEASE. SO, I HAD NO FORMER KNOWLEDGE OF THE POLICY. I TALKED TO YOU GUYS A FEW MONTHS AGO AND YOU ASKED SPECIFICALLY ABOUT THE SELLER'S DISCLOSURE. YES, I RECEIVED ONE. AND YES, THEY LIED ON THE SELLER'S DISCLOSURE, IT DOESN'T SAY THAT IT'S LOCATED IN A HISTORIC DISTRICT OR A NEIGHBORHOOD ASSOCIATION. ALSO, THE CONTRACTOR, UH, FALSIFIED THE PERMIT THAT THEY SUBMITTED TO THE CITY. THERE IS AN ATTESTATION THAT SHOULD BE, THAT IT IS INCLUDED THAT SAYS THEY'RE GOING TO ABIDE BY THE RULES THEY SAID THEY WERE GOING TO, AND THEY DID NOT. UM, NEXT SLIDE. EXCUSE MEAM. CAN YOU MAKE THAT LARGER SO WE COULD READ IT IN THE BACK? THE SEC? YEAH. MAKE THE SELLER'S DISCLOSURE FORM. SO THE, UM, SO RIGHT DOWN HERE, HISTORIC PROPERTY DE DESIGNATION ARE LOCATED. OOPS. THERE'S A LASER POINTER IF YOU WANNA USE THE OKAY, THANKS. SO RIGHT HERE IT SAYS, LOCATED IN HISTORIC DISTRICT. NO. AND THEN HISTORIC PROPERTY DESIGNATION IS ALSO NO. ON THE NEXT, UH, PAGE, THEY ASK ABOUT A HOMEOWNER'S ASSOCIATION, AND THEY ALSO SAY NO. SO THE EXCUSE OF, OH, THEY DIDN'T KNOW THE DIFFERENCE. DOESN'T HOLD ANY WATER THERE. UM, ARE WE GOOD TO MOVE ON? NEXT SLIDE. OKAY. [00:25:01] SO , THE, UH, THE BUILDER ACTUALLY HAD SEVERAL FALSIFIED PERMITS TO THE CITY. UM, THERE WAS NEVER AN INSPECTION ON THE REMODEL, THE ADDITION, THE FOUNDATION OR THE ROOF. THERE'S ALSO, THERE'S NOT ONE REQUIRED FOR THE DECK. SO, UM, AND THEY FALSIFIED APPLICATION, APPLICATION DOCUMENTATION ON THE INSULATION LETTER, THE FOUNDATION LETTER, THE ROOF OVERLAY, AND OBVIOUSLY THE FENCE. UM, SO THIS IS MY SPREADSHEET OF THINGS THAT I'M TALKING TO AN ATTORNEY ABOUT. NEXT SLIDE. UM, SO THERE'S ALSO NO INSULATION IN THE FRONT OF THE HOUSE. I'LL TELL YOU WHY THIS WAS RELEVANT IN JUST A SECOND ONE AWARD. MR. CHAIRMAN? YES. YES. COMMISSIONER . WE'RE TALKING ABOUT A SITUATION HERE. YEAH. SO ABOUT WE, WE, WE REALLY WANT TO HEAR ONLY ABOUT THE FENCE OKAY. AND WHY IT'S A HARDSHIP AND WHY IT SHOULD BE REMAINED. OKAY. THANK YOU. SO IF YOU COULD PLEASE STAY ON POINT. YEP. SO THERE'S A HISTORY OF FALSIFYING DOCUMENTS TO THE CITY WITH THIS CONTRACTOR. UM, AND IT'S ALL PRIOR TO MY MOVING IN. UH, NEXT SLIDE PLEASE. SO GETTING TO THE UNNECESSARY HARDSHIP, UH, THE SLIDE PREVIOUS WAS TALKING ABOUT THERE'S NO INSULATION IN THE ATTIC. UM, IF I WERE TO RELOCATE THE FENCE ACROSS THE DRIVEWAY RIGHT HERE, THEN THE, UH, AIR CONDITIONER THAT I PURCHASED LAST SUMMER TO HELP, UH, SOLVE THE PROBLEM IS RIGHT NEXT TO THE DOOR. SO EVERY TIME THE DOOR OPENS AT THE FRONT DOOR, WHICH WILL BE THE ONLY ACCESS, UM, WE'RE GONNA LOSE ANY CONDITIONED AIR. SO BY FOUR O'CLOCK IN THE AFTERNOON, IT'S 86 DEGREES BY FIVE. IT'S 89 DEGREES. OKAY. SO HOW DOES, HOW DOES THE LOCATION OF THE GATE AFFECT YOUR AIR CONDITIONING? SO IF YOU GO, UM, SO THE GATE WOULD HAVE TO GO EVEN WITH THE HOUSE RIGHT HERE MM-HMM. AND THE LOCATION OF THE RIGHT BY THE FRONT, FRONT DOOR. AND THIS DOESN'T RECEIVE ANY SHADE DURING THE DAY. SO AS SOON AS I OPEN THAT DOOR, ALL THE COLD AIR GOES OUT, AND THEN, YOU KNOW, MY AIR CONDITIONER'S NOT ABLE TO KEEP UP. SO IT GETS UP TO LIKE 90 DEGREES. SO WE'RE HERE, WE'RE HERE BECAUSE THE N C D, UM, BEFORE YOU CONTINUE, I JUST WANT TO CLARIFY SOME THINGS HERE. OKAY. YOU'RE NOT IN A HOMEOWNER'S ASSOCIATION, YOU'RE IN A NON-MANDATORY NEIGHBORHOOD ASSOCIATION. RIGHT. OKAY. AND THEN WHEN YOU TALK ABOUT THE N C D, LIKE YOU'RE REFERRING TO A, A GROUP OR A BODY, WHAT ARE YOU TALKING ABOUT? OH, TO THE, UM, NEIGHBORHOOD CONSERVATION DISTRICT FOR BEACON HILL, THEY HAVE MONTHLY MEETINGS. UM, THEY ALSO HAVE, WELL, BUT THAT'S A SUBSET OF THE NEIGHBORHOOD ASSOCIATION, WHICH IS NON-MANDATORY. THEY DON'T HAVE ANY AUTHORITATIVE OR GOVERNMENTAL RIGHTS WITH THE CITY. THE N C D, WHEN WE HEAR THE WORD N C D, IT IS A ZONING OVERLAY. MM-HMM. THAT IS, THAT IS ENFORCED THROUGH STAFF AND ZONING. THE NEIGHBORHOOD ASSOCIATIONS HAVE ANY ENFORCEMENT RIGHTS ON THAT. OKAY. OH, I APOLOGIZE FOR THE, SO WHEN YOU TALK ABOUT A 24 MONTH THAT HAS STAFF, IS THERE A 24 MONTH, UH, ANY IN THE, IN THE N C D, UH, FOR THIS AREA? IS THERE SOME SORT OF 24 MONTH GRANDFATHERING? NO, SIR. OKAY. OKAY. SO, UH, THAT WAS MISSTATED TO ME IN THE MEETING LAST WEEK. I ALSO WANNA CLARIFY THAT IT WOULD NOT BE A HISTORIC DISTRICT. YEAH. SO YOU ARE ALSO NOT IN AN, BECAUSE I DIDN'T SEE THAT EITHER. OKAY. SO YOU'RE NOT IN THAT QUESTION. WAS ASKED OF ME LAST TIME I TALKED TO YOU GUYS, SO I THOUGHT THAT I'D BRING THAT INFORMATION. IT CAN BE CONFUSING, UH, BUT, UM, BUT, BUT PLEASE PROCEED. UM, SO YEAH, UH, IF I MOVE THE FENCE, I'M GONNA HAVE TO OPEN THAT DOOR ALL DAY. AND IT'S THE ONLY WAY WE CAN GET IN AND OUT. AND MY HOUSE IS ALREADY A MESS AND A DISASTER AND UNCOMFORTABLE AND 90 DEGREES. NEXT SLIDE, PLEASE. UM, SO THE ALSO NEXT HARDSHIP IS THE ACCESS ACCESSIBILITY TO THE DOOR. SO THIS, UM, SIDE DOOR WHERE WE LOAD IN AND OUT OF THE CAR, UM, IS, HAS BECOME A NEW PROBLEM FOR ME. MY STEPDAD PASSED AWAY A FEW MONTHS AGO. MY MOTHER HAS MOVED IN WITH ME. UM, SHE SUFFERS FROM FIBROMYALGIA AND HAS LIMITED MOBILITY. SO WE'RE GONNA INCREASE THE BARRIER FOR HER TO BE ABLE TO GET IN AND OUT OF THE CAR, AND ALSO TO GO FROM POINT A TO POINT B, UM, F FOR THE FRONT DOOR. AND THERE'S ADDITIONAL, UH, OBSTACLES THERE FOR HER. NEXT SLIDE, PLEASE. UM, SO THE CONSTRUCTION WASTE IS ANOTHER THING. IF I WAS ABLE TO MOVE THIS AND IT WAS EASY, THEN I WOULD DEFINITELY DO THAT. UM, THIS HAS NOT BEEN AN EASY PROCESS TO GO THROUGH. SO THIS SITE, THIS, UH, RIGHT IRON FENCE OVER HERE TO THE RIGHT, GOES ALL THE WAY TO THE FENCE. UM, THAT CAN'T BE LOCATE, RELOCATED TO THE OTHER SIDE OF THE DRIVEWAY BECAUSE OF THE LOCATION OF THE DECK. SO IN ORDER FOR US TO KEEP THIS SPACE, WE WOULD HAVE TO RECONFIGURE THE DECK, DRILL HOLES IN THE CONCRETE FOR THE FENCE. UM, AND WE WOULD WASTE ALL OF THESE MATERIALS AND I'D HAVE TO HAVE ALL THE POLES DUG UP HERE AND THEN RE DUG OVER ON THE OTHER SIDE, UM, WHICH COULD CAUSE AN, UH, A RISK TO THE FOUNDATION. NEXT SLIDE, PLEASE. SO THE NEXT BIG, THE NEXT BIG THING IS THAT THE ENCLOSED, UH, YARD SPACE WOULD BE REDUCED BY HALF BECAUSE OF THE CONFIGURATION OF THE WAY THAT IT IS. SO I HAVE THREE DOGS, AND THEY WOULD BE, YOU'D BE LIMITING THEIR GREEN SPACE BY ALMOST HALF AND REDUCING THE TOTAL AREA BY ABOUT 30%. NEXT SLIDE, PLEASE. [00:30:01] UM, SO THERE'S ALSO, UH, SECURITY CONCERNS. WE HAD A, UM, A POLICEMAN PULLED A, A GUN ON A GENTLEMAN RIGHT IN FRONT OF OUR HOUSE A FEW WEEKS AGO. YOU CAN SEE HIS, UH, CAR'S RIGHT THERE. WELL, HE RAN DOWN THE STREET. LUCKILY, LUCKILY THAT WAS THERE, BUT I MEAN, IT'S JUST, IT INCREASES SECURITY THAT SOMEONE COULDN'T RUN STRAIGHT THROUGH OUR HOUSE. UH, NEXT SLIDE PLEASE. UM, WE ALSO HAVE A HOUSE THAT'S BEING REMODELED A COUPLE OF DOORS DOWN. UM, THEY HAD TO EVICT THE TENANT FOR NONPAYMENT, AND THERE HAD BEEN, UM, PEOPLE EXPERIENCING HOMELESSNESS HAD MOVED INTO THAT HOUSE. HE NOT ONLY HAD TO GO EVICT THE TENANT, BUT THEN HE HAD TO GO THROUGH PROCESSES, UM, FOR THE PEOPLE THAT WERE CLAIMING SQUATTER'S RIGHTS TO HAVE HIS HOUSE VACATED. UM, SOMETIMES I AM AWAY FROM MY HOME FOR SIX TO EIGHT WEEKS DUE TO TRAVEL FOR WORK. AND WHAT'S TO SAY THAT COULDN'T HAPPEN TO ME. UM, THE FENCE IS A BARRIER. THEY, UH, ACTUALLY THE CITY TOLD HIM TO INSTALL A FENCE TO KEEP THAT FROM HAPPENING WHILE IT'S VACANT. NEXT SLIDE. UM, SO THESE ARE, UH, THIS IS A HEAT MAP OF EVERYTHING THAT'S HAPPENED IN THE LAST 12 MONTHS. UM, AND THIS IS THE MAP OF THE OTHER FENCES THAT EXIST IN THE NEIGHBORHOOD. I'VE OVERLAID IT HERE. IF YOU LOOK CLOSE, YOU CAN SEE WHERE THE FENCES ARE AND WHERE THERE'S A HOLE IN THIS CRIME MAP AND WHERE THINGS HAPPEN. SO THIS IS MY HOME RIGHT HERE, AND THIS IS MY HOME RIGHT HERE. SO IF YOU LOOK AT THE SURROUNDING FENCES, IT MATCH MATCHES THIS MAP. UM, CAUSATION OR CORRELATION, I DON'T KNOW, BUT THERE IT IS. NEXT SLIDE, PLEASE. SO NOW I WANNA MOVE ON TO ADJACENT CONFORMING PROPERTIES AND, AND THE NEIGHBORHOOD ESSENTIAL CHARACTER. SO THESE ARE ALL THE PROPERTIES THAT ARE SURROUNDING ME, ALL THE SMILEY FACES OR NEIGHBORS THAT SIGNED MY PETITION. UM, AND IT'S NOT AN UNUSUAL THING IN THE NEIGHBORHOOD OF THE 117 PROPERTIES IN THE THREE BLOCKS, UH, SURROUNDING ME, UM, I FOUND 34 FENCES THAT CAN CLOSE ACROSS THE DRIVEWAY, WHICH IS 29% AND 18 FENCES WITH A BARRIER IN THE FRONT YARD, WHICH IS 18%. THAT DOESN'T VIOLATE THE RULES, BUT IF YOU'RE THINKING ABOUT WHAT THE NEIGHBORHOOD LOOKS LIKE WHEN YOU'RE DRIVING THROUGH, UM, IT'S, IT'S NOT UNUSUAL AND IT DOESN'T ALTER THE CHARACTER. NEXT SLIDE PLEASE. SO, PUBLIC INTEREST IN NEIGHBORS IN THE SPIRIT OF THE ORDINANCE. THE ORDINANCE WAS ORIGINALLY PASSED TO NOT LIMIT SOCIAL INTERACTION BETWEEN NEIGHBORS. UM, I TALKED TO MY NEIGHBORS ALL THE TIME THROUGH THE GATE. THERE THEY ARE WAVING THERE AND THERE AND IT'S A LITTLE BIT DARK, BUT THAT'S MR. AND MR. GARCIA RIGHT ACROSS THE STREET. UM, AND ACTIVITY IS VISIBLE FROM BOTH, UH, SIDES OF THE FENCE, WHICH IS FOUR, UH, FEET TALL AT ITS HIGHEST LEVEL, UM, WHICH DOESN'T GO AGAINST THE FENCE MATERIALS THAT ARE RECOMMENDED IN THE ORDINANCE. NEXT SLIDE, PLEASE. UM, SO I WENT AND GOT APPROVAL FROM ALL OF THESE SURROUNDING NEIGHBORS. UM, SOMETHING THAT THE N C D OR THE BEACON HILL ASSOCIATION DOESN'T DO IS, UM, PRODUCE THEIR MATERIALS IN SPANISH. I PRODUCE MY MATERIALS IN SPANISH , AND SEVEN OUTTA 16 PEOPLE SIGNED THE PETITION IN SPANISH. UM, SO IT'S JUST NOT A VERY INCLUSIVE GROUP WHEN WE'RE TALKING ABOUT BEACON HILL NEIGHBORHOOD, UH, CONSERVATION DISTRICT IN GENERAL. AND SINCE THEY ARE THE ONES THAT FEEL THAT THEY ARE CHARGED WITH IMPLEMENTING THIS ORDINANCE, THAT'S WHY THEY VOTED. UM, NO. AND THIS WAS EXPRESSED TO ME BY THE, THE MEMBERS OF THAT GROUP, UM, IF I WOULD'VE CON IF THE PEOPLE THAT WERE, UH, INCLUDED IN MY IMMEDIATE SURROUNDING AREA WERE INCLUDED, THEN WE WOULD'VE WON THAT BY ONLY ONE VOTE. BUT, UH, THE CONCENTRATION OF APPROVAL IS THERE WHEN YOU'RE TALKING ABOUT MY SPECIFIC PROPERTY. NEXT SLIDE, PLEASE. UM, SO AUTHORIZED USE IS ANOTHER QUE UH, ITEM ON THE APPLICATION. IT WAS PURCHASED AS RESIDENTIAL. THIS, UH, IS, I'M NOT REQUESTING IT BE, BE USED AS ANYTHING ELSE. NEXT SLIDE, PLEASE. SO, UH, IN SUMMATION, I'D LIKE FOR YOU GUYS TO APPROVE MY EXCEPTION REQUEST. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, UH, OF MY SURROUNDING AREA. THE LITERAL OF ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPIRIT OF THE ORDINANCE HAS NOT BEEN VIOLATED BY GRANTING THIS. THE VARIANCE DOES NOT REQUEST APPROVAL FOR UNAUTHORIZED USE. USE THE VARIANCE DOES NOT SUBSTANTIALLY INJURE ADJACENT CONFORMING PROPERTIES, NOR DO THE OWNERS HAVE ANY ISSUES WITH IT. AND THE UNIQUE CIRCUMSTANCES AND HARDSHIPS WERE EXISTING AND NOT THE CREATION OF THE OWNER. ALL RIGHT. SO WE'RE GONNA HAVE SOME QUESTIONS. COMMISSIONER ZUNIGA? YES. UH, I'M SORRY, UH, ABOUT YOUR REALTOR EXPERIENCE, BUT I MEAN, THIS IS WHEN HE SHOULD HAVE QUESTIONED IT. AND, UH, I'M A FIRST TIME HOME BUYER, SIR. I HAVE NO WAY OF KNOWING. NO, NO, NO, [00:35:01] NO. WE'RE NOT TROUBLE BUYING HERE EITHER. UH, BUT, YOU KNOW, I'M SORRY FOR YOUR PROBLEMS THAT YOU'VE HAD ON THERE, BUT HERE WE ARE LOOKING AT THE FENCE AND THE CLEAR WHAT, WHAT YOU HAVE STATED THERE. SO, OKAY. BUT WHAT IS UNIQUE TO US IS WHAT THE CHARGE IS IN FRONT OF US, AND THIS IS WHAT WE HAVE TO VOTE ON. MM-HMM. . AND, UH, THE, THE OTHER THING IS THAT I'M GONNA SAY, I MEAN, YOU HAVE TO GO AHEAD AND CONFRONT THE REALTY COMPANY ON THIS OTHER THINGS, NOT US IN THE PROCESS. NOT US. OKAY. ZUNA. OKAY, COMMISSIONER, THANK YOU VERY MUCH. COMMISSIONER ZUNA. SO YOU STATED ALL THE PROBLEMS YOU HAD WITH THE CONTRACTOR. FOR THE RECORD, COULD YOU GIVE US THE NAME OF THE CONTRACTOR? THE CITY HAS THAT ON RECORD. UH, KEITH JONES. AND THE COMPANY IS F Y I AND F Y I AND REMODELING, F Y I AND ANOTHER INITIAL REMODELING COMPANY. WE GOT IT. YES. AND, UH, THEY WERE ALSO THE, THEY WERE THE PRIMARY FENCE CONTRACTOR AND THEN THE REMODEL OF THE HOUSE AS WELL. YES, SIR. THANK YOU. UH, QUICKLY FOR STAFF, UM, YOU, UH, WE HEAR TESTIMONY THAT, UH, STAFF DOESN'T REVIEW FENCE PERMITS, BUT SOMETIMES LIKE CORNER LOTS, A STAFF WILL REVIEW A FENCE PERMIT. IS THERE ANY SORT OF REVIEW THAT WOULD KICK IN? LIKE WOULD, IT WOULD ON A CORNER LOT IF, LIKE, IF IT WAS IN AN N C D OR SOMETHING THAT WE, WE DID REVIEW FOR A FENCE PERMIT ON THIS, AND IT WAS VERY EXPLICITLY STATED IN THE PERMIT THAT THEY WERE NOT TO CROSS THE DRIVEWAY THAT WAS ACTUALLY IN THE PERMIT. NOW, UH, THE ISSUE THAT WE HAVE HAD COME UP, UH, IN THE PAST THAT WE HAVE NOW ADDRESSED, UH, MORE RECENTLY IN THE LAST PROBABLY THREE TO SIX MONTHS, IS, UH, THE CONTRACTORS DON'T CALL IN THEIR INSPECTIONS ONCE THEY'RE DONE. SO STAFF DOESN'T GET NOTICED TO GO OUT FOR THE INSPECTION. AND SO THAT'S HOW THE INSPECTION GETS MISSED. BUT NOW WE HAVE A PROCESS IN PLACE WHERE THE N C D REVIEWING TEAM, UH, NOTES THESE AND PUTS IT INTO THE, INTO THEIR PERMIT THAT THEY HAVE TO CALL FOR AN INSPECTION, UH, SPECIFICALLY PRIOR TO, UH, COMPLETING POSTS AND THINGS LIKE THAT TO MAKE SURE THAT THEY'RE IN THE CORRECT LOCATION PRIOR TO INSTALLATION. SO. GOT IT. THANK YOU. UH, ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA? SO, UM, SO ONE OF THE THINGS, SO YOU SHOWED A MAP THAT SHOWED I, I GUESS, EXISTING FENCES THAT WERE THERE. AND SO, SO ONE OF THE CHALLENGES THAT WE HAVE WITH REGARDS TO NCDS IS THEY GET PUBLISHED ON A CERTAIN DATE. THINGS THAT ARE BEFORE THAT DATE KIND OF ARE GRANDFATHERED IN. I DID DRIVE THROUGH THROUGH GOOGLE AND TOOK A LOOK, AND IT APPEARED THAT A LOT OF THE FENCES THAT I SAW IN THE NEIGHBORHOOD WERE OLDER FENCES. AND SO, AND SO PART OF THE BEAUTY AND STRENGTH, UH, AND REASONING FOR THE N C D IS TO KIND OF SECURE HOW THEY WANT THE COMMUNITY NOT TO SLIP INTO, YOU KNOW, WHERE THEY WANT IT TO GO. AND SO SET IN THAT DIRECTION. AND SO, SO, YOU KNOW, SO, SO, YOU KNOW, I THINK PART OF THE DIALOGUE HERE IS THIS, IT IS A NEWER FENCE. AND, AND SO, SO THAT'S ONE OF THE CHALLENGES HERE FOR WHEN YOU, WHEN YOU DO REPLACE FENCE, AND IF ANYBODY REPLACES A FENCE, THEY'LL BE SUBJECT TO THESE REQUIREMENTS TOO. SO, RIGHT. I WOULD LIKE TO, UM, THANK THE CITY FOR REACTING TO THIS, BUT THERE WAS NO INSPECTION ON THIS, AND THAT THAT PROCESS WAS NOT IN EFFECT AT THAT TIME. UM, I'M GRATEFUL THAT THE CITY HAS STARTED TO FIND A SOLUTION, BUT FOR RESIDENTS THAT I SHOULDN'T BE HELD ACCOUNTABLE FOR SOMETHING THAT DIDN'T GET DONE BY THE CITY OR BY THE CONTRACTOR. WELL, IF IT'S A, THE CONTRACTOR IS SHOULD KNOW BETTER. YES, THEY SHOULD. . SO, IS THERE ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE. THANK YOU VERY MUCH. UM, WE'LL OPEN THIS UP FOR OUR MOTION, PLEASE. WE, WE DO HAVE ONE CHAIR. I APOLOGIZE. IS THERE ANY PUBLIC COMMENTARY? JUST ONE VOICEMAIL. ALL RIGHT, LET'S HEAR IT. I RESIDE AT 10 25 WEST ATCH 2 2 8 7 9 2 5. REGARDING BO O A DASH 23 DASH 0 3 2 AT 10 16 WEST ELLWOOD DEAR BOARD OF ADJUSTMENT MEMBERS, BEACON HILL AREA NEIGHBORHOOD ASSOCIATION VOTED TO NOT SUPPORT THE VARIANCE FOR A DRIVEWAY GATE. AFTER A THOROUGH PRESENTATION GIVEN BY OWNER ASHLEY WILLIAMS AND A PRESENTATION BY THE ZONING AND URBAN DESIGN COMMITTEE, WHICH WERE FOLLOWED BY A LONG COMMUNITY DISCUSSION, THE ASSOCIATION DID VOTE HOWEVER TO SUPPORT THE FENCE SETBACK VARIANCE. THE NOTICE THAT THE CASE WOULD BE VOTED ON WAS PUBLISHED IN THE BEACON, OUR NEIGHBORHOOD NEWSLETTER, WHICH IS HAND DELIVERED TO 2,500 GOOD RESIDENCES AND 600 MORE TO LOCAL BUSINESSES. WE EMPATHIZED WITH THE APPLICANT, BUT WE ARE CHARGED WITH SUPPORTING OUR NC FIVE STANDARDS, A LEGAL OVERLAY WHOSE DESIGN STANDARD WERE CREATED BY BEACON HILL RESIDENTS IN 2008 AND UPDATED IN 2017. ALTHOUGH WE HAVE SUPPORTED VARIANCES TO THE NCD FIVE STANDARDS IN THE PAST, WHEN THEY CREATE VERIFIABLE SAFETY ISSUES OR EXTREME BUILDING HARDSHIPS, WE DO NOT SEE [00:40:01] THIS DRIVEWAY GATE. AS SUCH, OUR ASSOCIATION VOTED UNANIMOUSLY NOT TO SUPPORT A SIMILAR REQUEST IN NOVEMBER, 2022 THAT INVOLVED A DRIVEWAY GATE, AND YOU SUPPORTED THAT DECISION AS WELL. PLEASE HELP US PROTECT THESE GRASSROOTS DESIGN STANDARDS CREATED BY THE APPLICANT'S NEIGHBORS TO PROTECT THE UNIQUE CHARACTER OF OUR COMMUNITY. WE ASK THAT YOU VOTE TO DENY THE REQUEST FOR A DRIVEWAY GATE AND TO APPROVE THE FENCE AT THAT VARIANCE. RESPECTFULLY, DANIEL HUBING, CHAIR ZONING AND URBAN DESIGN COMMITTEE, BEACON HILL AREA NEIGHBORHOOD ASSOCIATION. THOSE ARE ALL THE PUBLIC COMMENTS. ALL RIGHT, THANK YOU VERY MUCH. I'M LOOKING FOR A MOTION. MANNA COMMISSIONER. MAD DO I, DO I GET ONE MORE, UH, OPPORTUNITY OR NO? NO. OKAY. THANK YOU. SO I'M GONNA, UH, BREAK IT UP INTO TWO MOTIONS HERE. SO SOMEBODY WANTS TO FOLLOW UP WITH THE SECOND ONE, BUT I'M GONNA BREAK UP FOR THE FIRST ONE REGARDING CASE NUMBER BOA 2 3 1 0 3 0 0 0 2 0. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A VARIANCE FROM THE FENCE DESIGN STANDARDS AS DESCRIBED IN BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT, UH, FOR A ONE FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE, UH, TO BE 13 FEET SIX INCHES FROM THE FRONT DRIVEWAY, SITUATED AT 1 0 1 6 WEST ELLWOOD AVENUE, APPLICANT BEING ASHLEY WILLIAMS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED IN THIS AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. IN THIS CASE, THE APPLICANT IS REQUESTING A ONE FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 13 FEET, SIX INCHES FROM THE FRONT DRIVEWAY, WHICH WOULD LEAVE ENOUGH ROOM FOR CLEAR VISION. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY, UNNECESSARILY PUSHING THE ENTIRE FENCE CLOSER TO THE HOME TO MEET THE CLEAR VISION STANDARD. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE. RATHER THAN EXACT LETTER OF THE LAW, THE REDUCED CLEAR VISION WOULD LEAVE OVER 13 FEET OF CLEAR VISION AND WOULD MEET THE SPIRIT OF THE ORDINANCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THIS VARIANCE IS LOCATED NO OTHER USES, THEN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF A ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE CLEAR VISION WOULD LEAVE ENOUGH ROOM TO SAFELY PULL OUT, WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. FIVE, THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTED ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE LOCATION OF THE FENCE WOULD REQUIRE MOVING TO NOT BE IN LINE WITH THE CLEAR VISION STANDARDS AND THE MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER MANNA Y. UM, YES, I I AGREE WITH THE, THE BEACON HILL, UH, N C D HERE WITH REGARDS TO THE CLEAR VISION. YOU, I, THERE ARE SEVERAL OTHER CLEAR VISION, UM, CHALLENGES, UM, UP AND ALONG THE STREET. AND SO I DON'T SEE THIS AS, AS BEING DIFFERENT FROM THAT. SO, SO I WILL BE VOTING IN SUPPORT OF THE CLEAR VISION DIALOGUE COMM, COMMISSIONER KAPLAN CLEAR VISION. I'LL ONLY FOR THE MOTION FOR CLEAR VISION. YEAH, I'M I'LL FOR BEFORE THE CLEAR VISION ALSO. OKAY. ANY OF THE COMMISSIONS LIKE TO ADD AB REGARDING THE CLEAR VISION COMPONENT COMMISSIONER? YEAH, I'M, I'M SUPPORTIVE OF THE CLEAR VISION, UH, MOTION THAT WAS, THAT WAS BROKEN OUT, UM, FOR ALL THE REASONS THAT THE APPLICANT BROUGHT BEFORE US. ALL RIGHT. UH, IF THERE'S ANYTHING ELSE, HEARING NONE, LET'S HEAR A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MS. BROWN. I CONCUR. MS. HAYES. MS. HAYES, I CONCUR. MS. CRUZ I CONCUR. MS. ZUNIGA, I CONCUR WITH THE FINDINGS OF FACT. MR. CODDLE CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MR. UNA. YES, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, NOW WE ARE LOOKING FOR UNDERSTANDING A MOTION REGARDING THE, UH, N C D VARIANCE. IF THERE'S A COMMISSIONER, I'D LIKE TO MAKE ONE OONA. I'LL MAKE THE MOTION FOR THE MOTION. COMMISSIONER ZUNA, REGARDING CASE NUMBER BO 8 23 DASH 0 3 0 0, I MOVE TO THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A VARI. UM, SO THIS IS GONNA BE FOR A VARIANCE FROM THE FENCING DESIGN STANDARDS AS DESCRIBED IN THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT TO ALLOW FENCING A GATE [00:45:01] STRUCTURES ACROSS THE DRIVEWAY IN THE FRONT YARD. UH, DO I NEED TO READ ALL THE MOTION POINTS AGAIN OR CAN I REFER BACK TO THE MOTION, TO THE, UM, FINDINGS OF FACT? I, I BELIEVE YOU CAN REFER BACK UNLESS, UH, LEGAL HAS ANYTHING OF THE CONTRARY. I'M REFERRING BACK TO THE FINDINGS OF FACT THAT MY COLLEAGUE MADE OF IN RESPECT TO ITEM NUMBER TWO, THE SAME, UH, MOTION. ALRIGHT, THANK YOU. IS THERE A SECOND? I'LL SECOND. SECOND. BY COMMISSIONER KAPLAN. COMMISSIONER ZUNA. I'M NOT GOING TO BE IN SUPPORT OF THIS MOTION, UH, FOR THE, THE STATEMENT THAT MY COLLEAGUE MADE AND AND UPHOLDING THE DESIGN STANDARDS OF THE BEACON HILL, I THINK THOSE CONSERVATION DISTRICT WENT THROUGH THE PROCESS OF ESTABLISHING THOSE STANDARDS. AND I DON'T THINK WE NEED TO, UH, BACKTRACK ON THOSE STANDARDS FOR THE NEIGHBORHOOD COMMISSIONER, CONSERVATION DISTRICT COMMISSIONER KAPLAN. WELL, WELL, I AGREE FOR THE SAME THING BECAUSE THERE ARE STANDARDS THAT ARE SET BY THE NEIGHBORHOOD, WHICH REALLY DOES HELP ALL OF THE HOMEOWNERS IN THE NEIGHBORHOOD ASSOCIATION. AND I DO FEEL SORRY THAT YOU AS A FIRST TIME HOMEOWNER GOT STUCK WITH ALL OF THESE PROBLEMS. BUT I DO THINK THERE'S MORE, THIS IS MORE OF A LEGAL CASE WHERE SOMEBODY LIED TO YOU, THE OWNER LIED TO YOU, AND THERE IS LEGAL RECOURSE AND, UH, BUT YOU CAN GET MONEY BACK FROM THEM SO YOU CAN PAY TO MOVE THAT FENCE. SO I ALSO DO NOT SUPPORT THIS. I'M LOSING 30%, I'M LOSING MY WHOLE FRONT YARD. I'M, UH, ANY OTHER COMMISSIONER WOULD LIKE TO ADD? COMMISSIONER CHAKA? UH, I, I'LL, UM, GO AGAINST MY COLLEAGUES ON THIS ONE. 11 20, 11 21, 11 23. AND THE LIST GOES ON OF OTHER GATES. OTHER ISSUES, UH, THAT ARE HAPPENING AROUND THIS NEIGHBORHOOD. I LOOKED AT HER AROUND QUITE A BIT. THE DRAWING SHE DID AND SHOWED, UH, WAS REPRESENTATIVE OF WHAT I SAW AND ALSO THE DEFAULTS, UH, WHAT HAPPENED HERE AND THE LACK OF CONCERN AND JUST FALLING INTO IT. SO I WILL SUPPORT THE CANDIDATE. OKAY. THE APPLICANT. ANY OTHER COMMISSIONERS? UH, I'M GONNA SAY THAT I, I'M GONNA ALSO SUPPORT THE APPLICANT, UH, SOLELY BECAUSE, UH, SHE WENT THROUGH THE PERMITTING PROCESS AND IT IS A, UM, A HIGHER END TYPE GATE. UM, SO I'M, I'M JUST GOING TO BE IN SUPPORT. SO LET'S HAVE A ROLL CALL. VOTE PLEASE. HANNAH. UH, COMMISSIONER MANNA. CAN I POSSIBLY OFFER A FRIENDLY AMENDMENT? SURE. SO RIGHT NOW WE'RE TALKING ABOUT THE FENCE BEING AT THE FRONT. WELL, IT'S JUST ABOUT CROSSING THE DRIVEWAY. I, I DON'T, BUT SO ABOUT THE FRONT DRIVEWAY. AND SO WOULD IT BE POSSIBLE TO BRING IT OUT LIKE FIVE FOOT SO THEY CAN TAKE ADVANTAGE OF THE FRONT SIDEWALK AS WELL AS POTENTIALLY PUT IN ANOTHER GATE OR ANOTHER FENCE ALONG THE ONE SIDE SO THAT SHE DOES REGAIN ACCESS TO THE, THE FRONT YARD? UM, SO, WELL, SO THE, THE WAY I UNDERSTAND THIS AND STAFF PLEASE, UH, TELL ME IF I'M WRONG OR NOT, BUT THE SOLE ISSUE HERE IS WHETHER OR NOT THERE'S A GATE CROSSING THE PHYSICAL DRIVEWAY. ALL THE OTHER GATING IS OF, OF NOT OF REVEL. THE RELEVANCE. IS THAT TRUE? THE ONLY RELEVANCE WAS THE CLEAR VISION, BUT THE HEIGHT IS FINE. THAT'S BEEN PASSED. SO IT'S IF IF, IF SHE TAKES THE MOVING GATE OFF THE DRIVEWAY, THAT'S THE ONLY, SHE CAN MOVE IT BACK TO THE CORNER OF THE HOUSE. UH, IS THERE SOMETHING I'M, UM, WHAT AM I MISSING? WELL, THE QUESTION WAS, SO, SO THE DIALOGUE IS ABOUT LOSING THE WHOLE FRONT YARD. AND SO, SO IF WE PERMITTED FOR THE DRIVEWAY TO BE FIVE FEET IN FRONT OF THE FRONT OF THE HOUSE, THEN THAT WOULD ALLOW FOR THE USAGE OF THE FRONT, UM, WOULDN'T BE IN THE DRIVEWAY. SO, SO WOULD REGAINED PERCENTAGE AND RIGHT. DOES, DOES, UH, DOES THIS COMMISSION, UH, THE WAY THIS N C D AND WHAT WE'RE THE VARIANCE IS, CAN WE DICTATE THE, WITH REGARDS TO BEING IN THE FRONT OF THE HOUSE, CAN WE CONTROL WHETHER A CERTAIN DISTANCE AWAY, HOW IS THAT, IS THAT SOMETHING WE CAN CHANGE THE MOTION TO, TO DO? I, I I THINK WHERE THE CONFUSION IS, IS THAT THE, SO THE, THE FENCE ITSELF IS PERMITTED AS LONG AS IT MEETS THE HEIGHT REQUIREMENTS. AND SO THE ENTIRE PROPERTY CAN BE FRAMED AS FAR AS FROM HER, UH, BUILDING LINE TO THE FRONT SETBACK. SO IT CAN BE RELOCATED WITH PERMITTING. UM, THAT I THINK THAT ANSWERS THE QUESTION WELL, CAN WE, BECAUSE I THINK WHAT YOU WERE ASKING WAS ABOUT A PERIMETER FENCE ALL THE WAY TO THE SIDEWALK, CORRECT? UH, NO, NO. THE, THE ISSUE WOULD BE IS COULD THE MOTION BE REWORDED THAT INSTEAD OF IT BEING A VARIANCE FROM THE FENCING AND DESIGN STANDARDS TO ALLOW A FENCE OR GATE STRUCTURE ACROSS THE DRIVEWAY IN THE FRONT YARD, COULD IT BE READ THAT WE'RE GRANTING A VARIANCE TO HAVE A FENCE OR GATE STRUCTURE ACROSS THE DRIVEWAY WITHIN, YOU KNOW, FIVE FEET OF THE FRONT YARD. THE DECK IS MORE THAN FIVE FEET OUT AND IT SEVEN FEET IN FRONT OF THE FRONT YARD. , I MEAN, IT, YOU KNOW, IT, CAN WE MAKE THAT MODIFICATION? IS THAT POSSIBLE? AND THAT MIGHT BE A QUESTION FOR LEGAL YOU CAN ESTABLISH 'CAUSE IT'S NOT A SETBACK, BUT IT, IT, BUT YEAH, IT'S, WE AGREE IT'S LIKE A MOOT POINT. IT'S STILL THE FENCE ACROSS THE DRIVEWAY IN THE FRONT YARD, YES. MM-HMM. . CORRECT. BUT ARE WE, ARE WE ALLOWED TO, TO, IS IT SOMETHING THAT WE CAN [00:50:01] ADD TO OUR EMOTION TO SAY THAT IS SO LONG AS IT DOESN'T CROSS WITHIN, UH, YOU KNOW, BEYOND 10 FEET OF THE FRONT PLANE OF THE HOUSE? BECAUSE WE'RE, WE'RE, WE'RE GIVING A VARIANCE AGAINST THE, CAN WE GET BACK TO THE PICTURE OF THE, CAN YOU PUT PICTURE OF THE DRIVEWAY IN THE GATE? OKAY. IN THE GATE. OKAY. SO I GUESS FOR THAT, ARE YOU SAYING SO YEAH, IF THEY CLEARED A CLEAR VISION YOU WANTED, SO IF, IF INSTEAD, UH, IS THERE A, IS THERE A GATE? IS THERE A GATE RUNNING A A METAL GATE? YEAH. HERE. SO THERE IS A METAL GATE ON THE LEFT SIDE OF THE DRIVEWAY. IT'S, YEAH, IF YOU MOVE THAT LEFT GATE TO THE RIGHT SIDE OF THE DRIVEWAY AND YOU RAN THAT ALONG THE DRIVEWAY, THE DOGS COULD PLAY IN THE FRONT YARD. SHE, SHE DOESN'T NEED US FOR THAT. SHE CAN ALREADY, THE ONLY ISSUE IS, THAT'S WHAT I'M SAYING. AND THEN YOU WANNA PUT THE GATE, THE, THE GATE FOR THE GATE. THE GATE CAN CROSS, UH, ONCE YOU GO PAST THE FRONT OF THE HOUSE, IT CAN CROSS. THE ONLY ISSUE IS FROM THE FRONT OF THE HOUSE CAN'T FORWARD, YOU CANNOT CROSS THE DRIVEWAY. RIGHT. SO YOU MOVE THE GATE BACK TO THE END. BUT YOU STILL, YOU STILL HAVE WHAT THE, THE, THE APPLICANT BROUGHT THAT UP ABOUT BOXING IN THE YARD? YES. CROSSING THE DRIVEWAY FURTHER BACK. AND SHE TALKED ABOUT HOW THAT WOULD BE, UH, A, UM, A HINDRANCE GETTING IN AND OUT OF A VEHICLE BEHIND THE GATE BECAUSE OF THE DOOR IN THE SIDE OF THE HOUSE. SIDE DOOR. YES. I KNOW THAT THAT WAS THE, IT WOULD BE BLOCKED. IT'S, IT'S, UH, YEAH, IT WASN'T WIDE ENOUGH. AND SO SHE HAD BROUGHT UP TESTIMONY THAT THERE WAS A DOOR ON THE SIDE OF THE HOME THAT THAT HAD A HARD TIME ONCE THE GATE WAS CLOSED. AND SO THE, WHAT WE'RE TRYING TO FIND OUT IS, CAN WE TAKE THE PHYSICAL GATE CROSSING INSTEAD OF IT BEING AT THE PROPERTY LINE? RIGHT. CAN WE ALLOW HER TO CROSS IT WITHIN 10 FEET OF THE FRONT OF THE HOUSE? YES. I SEE WHERE THAT, WHERE THAT UM, DECK, RIGHT? SO IS IF WE PUSH BACK THE CLEAR VISION, UM, WHICH RIGHT NOW IS, WELL, THE CLEAR VISION PASSED, SO RIGHT BEYOND, YEAH, WE'RE BEYOND THAT. SO WE'RE JUST WONDERING IS ON THE MOTION WITH, WITH THE FENCING STANDARDS, CAN WE MAKE A MOTION SO THAT IT CAN BE IN THE NO MORE THAN 10 FEET OF, IN THE FRONT OF THE HOUSE? JUST THE, UH, JUST THE GATE, RIGHT? YES. THAT YOU'RE TALKING ABOUT JUST THE GATE? NO, IT SAYS THAT THE ACTUAL BEACON HILL AREA NEIGHBORHOOD CONSERVATION PLAN SAYS THAT, UH, IT CAN BE PERMITTED ACROSS THE DRIVEWAY AT ANY POINT IN THE FRONT YARD. OKAY. OR WE'RE MAKING A VARIANCE AGAINST THAT IN THE MOTIONS. IT WOULD BE A VARIANCE. I MEAN, THAT'S, THAT'S THE REASON WE'RE HERE. IT'S TO EITHER APPROVE. IT JUST SEEMS LIKE THE, THE CODE CURRENTLY DEFINES THE FRONT OF THE HOUSE AS, AS BEING FROM THE FRONT PLANE OF THE HOUSE UP TO THE PROPERTY LINE. AND IN THE PAST WE HAVE, WE HAVE DONE SOME ALTERATIONS IN THAT. AND YEAH, WE GET CLARIFICATION. I ACCEPT THE FRIENDLY AMENDMENT. HOW MANY FEET WITHIN THE FRONT? HOW MANY FEET DO YOU NEED FOR YOUR YARD? WELL, SO IT'LL HAVE TO GO IN FRONT OF THIS. SO I'LL HAVE TO 10 FEET, UH, THE SIDE RIGHT HERE. SO WE'RE TALKING ABOUT MOVING IT HALFWAY AND HAVING, WE'RE TALKING ABOUT FENCE TO GO RIGHT HERE, BUT THEN ALSO GONNA HAVE TO BUILD A NEW FENCE ON THIS SIDE. I'M SORRY, DID SOMEONE ASK THE APPLICANT A QUESTION? AND IF SO, SHE'LL NEED TO USE THE MICROPHONE. I APOLOGIZE. I'M SORRY. YEAH, THE APPLICANT WAS ASKED, UH, HOW MUCH DISTANCE WOULD BE ADEQUATE AND IT'S, IT WOULD BE ABOUT HALFWAY. I'M NOT SURE EXACTLY WHAT THAT IS. I CAN'T SEE IN THE PLAN, BUT IF YOU LOOK AT WHERE THE DECK IS, LIKE IT'S GONNA, I HAVE TO HAVE ALL THIS STUFF TORN UP AND THEN RE DUG ON SIDE. OKAY. WELL WE'RE, WE DON'T WANT TO GET INTO THAT, BUT WE'RE JUST TRYING TO FIGURE OUT A DISTANCE OF IF 12 FEET IS A GOOD NUMBER, BUT THEN YOU'RE TALKING ABOUT MOVING IT FROM HERE TO HERE. THAT'S, UM, OR WE CAN JUST SAY NO. YEAH, . OKAY. OKAY. SO I WAS PREFERRING MUCH CLOSER TO THAT FRONT PORCH. WHAT NUMBER, WHAT NUMBER WOULD YOU FIND? SO WHAT, I DON'T KNOW WHAT THE WIDTH OF THAT PORCH IS, SO I'M TRYING TO, UM, EIGHT FEET. HOW ABOUT THAT? YEAH, I'D SAY CLOSER TO THE EIGHT FOOT LINE. SO NO LONGER IN FRONT OF THAT PORCH IS, YOU KNOW, SO THE RAILING, SO, OR RIGHT IN FRONT OF THE RAILING. SO IT ALLOW THE FENCE TO OPEN, BUT NOT GOING INTO THE MIDDLE OF THE YARD. OKAY. THE SECOND WAS BY KAPLAN. DO YOU ACCEPT EIGHT FEET? I ACCEPT THAT. OKAY. PARALLEL RAILING. PARALLEL. PARALLEL WITH THE RAILING. YEAH. PARALLEL, ESSENTIALLY JUST IN FRONT OF THE RAILING, SO THAT WAY IT COULD OPEN, BUT YEAH, BUT, BUT REALLY NO FURTHER THAN YARD THAN THAT. SAY THAT. CAN I SAY THAT? YEAH. SO WE HAVE A, WE HAVE A MOTION THAT HAS BEEN FRIENDLY, AMENDED, AND ACCEPTED BY THE MAKER IN THE SECOND, UH, FOR A, FOR A FENCE. UH, WHAT WAS THE MAKER OF THE MOTION ON THE FENCE DESIGN? OH, OH, I'M SORRY. BY COMMISSIONER ZUNA, UH, AND SECOND BY COMMISSIONER KAPLAN. UH, TO, FOR, AND I, THE FRIENDLY AMENDMENT WAS FOR, UH, TO ALLOW IT TO BE NO CLOSER, UH, TO THE HOUSE [00:55:01] APPROXIMATELY EIGHT FEET, BUT NOT TO EXTEND PAST THE, THE RAILED PORCH. SO ACCEPTED. SO LET'S MAKE A, OKAY, WE'RE READY FOR ROLL CALL, VOTE, ROLL CALL VOTE. ROLL CALL. VOTE. MR. OZUNA, IF YOU CAN GIVE US, UH, ONE SECOND. UH, WE'RE STILL TRYING TO, WELL, WE'RE TALKING TO THE ATTORNEY REAL QUICK. MAKA. OKAY. WE'LL GIVE YOU A, GIVE YOU A MINUTE. YEAH. COMMISSIONER MACHA, I WANNA ASK THE APPLICANT, UH, IS THIS, UH, IS THE APPLICANT MS? YES, SIR. YES. CLOSER? YES, SIR. I JUST WANNA ASK YOU, UH, THIS MOVE THAT WE'RE PROPOSING OR SUGGESTING, IS THAT ENOUGH FOR YOU TO FEEL SAFE INSTEAD OF THE WAY THE GATE WAS? BECAUSE IT SEEMS TO BE QUITE AN ISSUE ON THAT. I MEAN, THE, IF IT WAS CLOSER TO HERE, THEN THEY COULD JUST AS EASILY JUMP OVER AND GET TO THE DECK. WELL, REMEMBER IF THREE, IF THREE PEOPLE SAY NO, . YEAH, I'M JUST, I'M TRYING TO THINK ABOUT THE LOGISTICS OF IT. ACTUALLY, I, I DON'T THINK THAT A GATE THAT GOES ACROSS HERE, I DON'T KNOW THAT THERE'S GONNA BE ENOUGH ROOM FOR IT, HONESTLY. WELL, BECAUSE THIS GATE GOES, THE LENGTH OF THE GATE GOES TO HERE. OKAY. SO WE'RE, WE'RE, WE'RE NOT GONNA BE INTERACTING, BUT I WILL SAY THAT, UM, WE'RE TRYING TO DO WHAT WE THINK WE CAN LIVE WITH MM-HMM. . AND WE DON'T EVEN KNOW IF THAT'S GONNA GO. SO WHAT WE'LL FIND OUT IN A MOMENT MM-HMM. , THEN YES. I SEE SOME NODDING OVER THERE. IS THAT GOOD? NO. OKAY. IT'S, IT'S STILL A, A, A PROHIBITION OF, OF THE CODE. SO I, I, IT'S EITHER A, AN UP OR DOWN. I DON'T KNOW THAT YOU CAN, YOU KNOW, UH, UH, CONDITION IT LIKE, LIKE THAT. OKAY? SO LEGAL IS, IS, IS REC IS, UM, IT IS HIS OPINION THAT WE DON'T HAVE THE ABILITY TO PUT, UH, DISTANCE CON UH, CONDITIONS ON THIS. SO WITH THAT, IN MY COMMISSIONER, ZUNA, WELL THIS, IN THIS CASE, I WITHDRAW THE, I GUESS THE SUBSTITUTE MOTION, BUT I AM GONNA FLIP AND, AND ACTUALLY BE IN FAVOR OF THE VARIANCE AS READ FOR THE CONSERVATION DISTRICT. OKAY? SO WITH THAT, WE'RE BACK TO THE ORIGINAL MOTION AS READ, WHICH IS TO ALLOW A GATE IN THE FRONT YARD. UH, SO WE'LL HAVE A ROLL CALL VOTE PLEASE. MR. UNA? YES, I CONCUR. MS. KAPLAN, I DO NOT CONCUR. MR. MANCHACA. I SUPPORT THE APPLICANT. MS. BROWN. I DO NOT CONCUR EITHER. MS. HAYES, I DO NOT CONCUR. MS. CRUZ. I WILL CONCUR. MR. ZUNIGA. I DO NOT CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. CODDLE CONCUR. MS. BRAGMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACT. CHAIR ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS FIVE TO SIX. UM, IF YOU CAN GET WITH STAFF, THEY'LL TALK TO YOU ABOUT WHAT TO DO MOVING FORWARD. OKAY? THANK YOU. MAY PETITION? YEAH. UM, THE N C D AND JUST TALK TO 'EM ABOUT, YOU KNOW, SOME OF THE DIALOGUE THAT WE HAD HERE AND, YOU KNOW, IF THEY SUPPORT IT THEN YOU KNOW, BASICALLY, YOU KNOW, YOU KNOW, THEY WOULD LET IT HAPPEN. AND SO, SO WHO WOULD I BE CONTACTING FOR THE N C D? BECAUSE THAT'S NOT THE N C D IS A WHEN YOU SAY THE N C D, YOU COULD BE REFERRING TO ZONING STAFF. WHO HANDLES THE, UH, THE, THE ACTUAL N C D OVERLAY? OKAY. THE, THE NEIGHBOR ASSOCIATION, UH, DOESN'T HAVE ANY GOVERNMENTAL AUTHORITY HERE, BUT I'M SURE IT MATTERS WHAT THEY THINK. UH, I'D JUST LIKE TO END THE FACT THAT YOU COULD PUT IN A GATE ON THE OUTSIDE OF YOUR DRIVEWAY THAT'S ON A HINGE THAT SWINGS CLOSED, AND WHEN IT'S OPEN, IT'S IN LINE WITH THE DRIVEWAY AND NOT CROSSING THE DRIVEWAY. YOU CAN CERTAINLY STILL DO THAT, RIGHT? SO, JUST, UH, PLEASE GET WITH STAFF IF YOU HAVE ANY QUESTIONS. THANK YOU. THANK YOU. UH, NEXT ITEM, ITEM FOUR, ENDING IN CASE ENDING IN 47. CAN I ADDRESS YOU? UH, WE HEAR A STAFF PRESENTATION FIRST, AND THEN WE'LL HEAR CITIZENS AND THE APPLICANT. I, I JUST WANTED TO, UM, HAVE MY CASE MOVE WHERE I COULD PREPARE, MOVE FURTHER. SURE. UH, UH, WE, WE STILL HAVE TO HEAR A BRIEF PRESENTATION AND WE'LL, WE'LL ASK FOR YOUR, UH, INSIGHT AT THAT POINT. GOOD AFTERNOON. AGENDA ITEM FOUR BO 8 23 1 0 3 0 0 4 7. ADDRESS IS FOUR 19 AND 4 25 SAN PEDRO AVENUE COUNCIL. DISTRICT ONE APPLICANT IS BROWN AND MCDONALD, P L L C A REQUEST FOR ONE, A 39 FOOT VARIANCE FROM THE MINIMUM 40 FOOT URBAN CORRIDOR ARTERIAL STREET FRONT SETBACK ALONG SAN PEDRO TO ALLOW STRUCTURE TO BE ONE FOOT FROM THE FRONT PROPERTY LINE. AND TWO, A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK [01:00:01] REQUIREMENT TO ALLOW STRUCTURE TO BE ONE FOOT FROM THE SIDE PROPERTY LINES AND THREE, A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW STRUCTURE TO BE ONE FOOT FROM THE REAR PROPERTY. LINE ZONING IS C THREE NA CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG SAN PEDRO AVENUE BETWEEN THE INTERSECTIONS OF MARSHALL STREET AND WEST EUCLID AVENUE. THE APPLICANT IS PROPOSING TO CONSTRUCT A FIVE FOOT STORY BUILDING FOR A SUPPORTIVE HOUSING CAMPUS WITH REDUCED SETBACKS ON FRONT, REAR AND SIDE. THE PROPERTY WAS RECENTLY REZONED TO I D C THREE HIGH INTENSITY INFO DEVELOPMENT ZONE WITH A PROPOSED SITE PLAN OF A ONE FOOT SETBACK ON ALL SITES. THE SAN PEDRO OB CORRIDOR REQUIRES A 40 FOOT FRONT SETBACK FOR STRUCTURES LOCATED ALONG ARTERIAL STREETS. THE APPLICANT IS REQUESTING A 39 FOOT VARIANCE TO ALLOW THE STRUCTURE TO BE ONE FOOT ALONG THE FRONT PROPERTY LINE DUE TO THE SIZE OF THE LOT AND ANTICIPATED SQUARE FOOTAGE OF THE BUILDING. ADDITIONALLY, THE APPLICANT IS REQUESTING A FOOT FOOT VARIANCE FROM THE REAR AND SIDE SETBACK REQUIREMENTS AS REQUIRED PER IDC THREE HIGH INTENSITY INFILL DEVELOPMENT ZONE TO ALLOW A STRUCTURE TO BE ONE FOOT FROM THE REAR AND SIDE PROPERTY LINES DUE TO THE SIZE OF THE LOT. ANY ANTICIPATED SQUARE FOOTAGE OF THE BUILDING, THE SETBACKS WILL BE ENFORCED. SITE PLAN AND YOUR SUBJECT PROPERTY AND YOUR SURROUNDING AREAS. STAFF MATION, FRONT SIDE AND REAR SETBACK VARIANCES. STAFF RECOMMENDS APPROVAL AND B 8 23 1 0 3 0 0 0 4 7 BASED ON THE FOLLOWING FINDINGS DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE. AND TWO, IT WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN. STAFF MAILED OUT 22 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. AND TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION IS IN FAVOR, AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. OKAY, I GET A, I GET A, A SUS, UH, A FEELING THAT WE'RE GONNA GET A CONTINUANCE ON THIS. IS THAT TRUE MANNA? NO, NO, NO. THAT WAS A DIFFERENT CASE. OKAY. COMMISSIONER MAY. OKAY. THAT'S ALL ONE. OKAY. AND THEN BEFORE YOU GO, UH, WAS A HEIGHT OF 75 FEET, IS THAT IN VIOLATION OF THE, OF THE A H O D OR ANYTHING? OR THIS, IS THIS IN THE A H O D? NO, IT DOESN'T VIOLATE IT IN THE A H O D IS UP TO 200 FEET. ALRIGHT, THANK YOU. THANK YOU. GOOD AFTERNOON. MY NAME IS JIM BAILEY WITH ALAMO ARCHITECTS, AND THIS IS, UH, CAROLINE MCDONALD. UM, WE HAVE A BRIEF PRESENTATION FOR YOU. WE KNOW YOU HAVE A LONG AGENDA TODAY. WE'LL TRY TO TRUCK RIGHT THROUGH IT. OKAY? OKAY. NEXT SLIDE PLEASE. NEXT SLIDE. PARDON? IS THIS YOUR PRESENTATION? YEAH, YEAH. IF I COULD GO FIRST. SORRY, GO AHEAD. JUST REAL QUICK, UM, THANK YOU. CAROLINE MCDONALD WITH BROWN MCDONALD, UH, 100 NORTHEAST LOOP FOUR 10, SUITE 1385 HERE ON BEHALF OF THE PROPERTY OWNER AND APPLICANT. UM, YES, I, I'M GONNA GO FIRST AS THE REPRESENTATIVE, AND JIM IS THE ARCHITECT. SO HERE IS THE SITE ON SAN PEDRO AVENUE. NEXT SLIDE. UM, IT'S RIGHT AT THE CORNER OF 35 AND I 10. NEXT SLIDE. UM, THE REQUEST TODAY, AS STAFF INDICATED, IS A RELIEF TO THE SETBACK REQUIREMENTS THAT ARE IN THE URBAN CORRIDOR SECTION OF THE U D C. UM, THAT IS, AND WE WOULD LIKE FOR THE VARIANCE TO BE FOR ONE FOOT ALL AROUND. NEXT SLIDE HERE IS THE SITE PLAN. UM, THIS SITE WAS SELECTED AS PART OF THE 2017 BOND PROJECT. IT IS OWNED BY THE, UM, THE CITY OF SAN ANTONIO RIGHT NOW. IT 2017 BOND PROJECT WAS TO BRING AFFORDABLE HOUSING CLOSER TO DOWNTOWN. UM, NEXT SLIDE. WE DO MEET THE REQUIRED FINDINGS OF FACT SET BY, UM, BY THE CODE. THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST, AS IT WILL BRING AFFORDABLE HOUSING TO DOWNTOWN. IT WILL SERVE THE PUBLIC, UM, DUE TO SPECIAL CONDITIONS. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP, UM, DUE TO THE NARROW LOT CONFIGURATION AND THE PARCELS, THE LITERAL ENFORCEMENT OF THOSE SETBACKS WOULD RENDER THE PROPERTY UNDEVELOPABLE. UM, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE PROPERTY IS SURROUNDED BY RIGHT AWAY AND A COMMERCIAL LOT. THERE ARE APPROPRIATE SETBACKS IN PLACE THAT WILL BE ADHERED TO, AND THAT WILL INCORPORATE THE NECESSARY SIDEWALKS, LANDSCAPING, AND TREES WHERE APPROPRIATE. UM, AS STAFF INDICATED, WE REZONED THE PROPERTY EARLIER THIS MONTH TO IDZ THREE TO SUPPORT THE SUPPORTIVE HOUSING PROJECT WITH 80 UNITS. UM, THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY. UM, THE DEVELOPMENT WILL REVITALIZE THIS CORRIDOR OF SAN PEDRO AND WOULD ADHERE TO THE SA TOMORROW PLAN'S VISION, WHICH JIM WILL ADDRESS IN JUST [01:05:01] A MOMENT. AND THEN AGAIN, THE PROPERTY IS VERY UNIQUE. IT'S, IT'S A SMALL THREE PARCELS THAT WE'RE PUTTING TOGETHER, SURROUNDED BY RIGHT AWAY. UM, AND WE'RE HOPING THAT IT, THIS WILL HELP, UH, REVITALIZE SAN PEDRO. NEXT SLIDE IS THE ZONING MAP SHOWING THE NEW ZONING DESIGNATION. AND THEN THE NEXT SLIDE IT SHOWS THE RED LINE SHOWS WHERE THE BUILDING WOULD HAVE TO BE IF THESE STEP BACKS AS THEY STAND TODAY WOULD BE ADHERED TO. SO IT WOULD SEVERELY IMPACT THE PROJECT. PROBABLY WOULDN'T BE ABLE TO HAPPEN BECAUSE THE DEVELOPER SPACE WOULD BE TOO SMALL. SO WITH THAT, I WILL TURN IT OVER TO JEN. UH, JUST REALLY QUICK, YOU MENTIONED IT WAS 80 UNITS OR 80 UNITS AN ACRE. 80 UNITS. OKAY. THANK YOU. 80 TOTAL. AND, UM, THAT IS APPROXIMATELY 10% OF THE PERMANENT SUPPORTIVE HOUSING UNITS THAT OUR STRATEGIC HOUSING IMPLEMENTATION PLAN CALLS FOR US TO DEVELOP OVER THE COURSE OF THE NEXT 10 YEARS. UH, AND, AND, AND WHAT IT SAYS ABOUT PERMANENT SUPPORTIVE HOUSING AND AFFORDABLE HOUSING IN GENERAL IS THAT WE NEED TO DO A BETTER JOB OF PUTTING AFFORDABLE HOUSING, UH, CLOSE TO JOBS ALONG TRANSIT LINES, UM, CLOSE TO, UM, UH, COMMUNITY RESOURCES AND, AND SOME OF THESE, SOME OF THESE MAPS UP HERE SHOW THAT, THAT THIS IS ACTUALLY THE IDEAL LOCATION. IT'S ON AN URBAN CORRIDOR JUST OUTSIDE OF DOWNTOWN. NEXT SLIDE, PLEASE. UH, WE'RE MISSING A SLIDE. OH, THAT'S OKAY. WE'LL JUST GO WITH THAT ONE. UM, SO THE, YOU KNOW, WE HAVEN'T DONE A LOT OF DESIGN WORK YET. UH, WE NEED TO GET THROUGH THE ENTITLEMENTS AND NEED TO GET ALL THE FINANCING FIGURED OUT. WE'VE BEEN HAVING DISCUSSIONS WITH VARIOUS NEIGHBORHOODS FOR SEVERAL YEARS NOW ON DIFFERENT ITERATIONS OF THIS PROJECT. UM, UM, THE FIVE POINTS NEIGHBORHOOD ASSOCIATION SUPPORTED THE REZONING, TOBIN HILL, WHICH IT'S IN TOBIN HILL, WHICH IT BORDERS, SUPPORTS IT. THIS HAS BEEN A VERY LONG NEGOTIATION PROCESS, AND, AND WE THINK EVERYONE'S ON BOARD. WE HAVEN'T DONE A LOT OF DESIGN WORK YET, BUT WHAT WE'VE DONE IS WE'VE SAID, THIS IS, THIS IS THE CHARACTER OF AN URBAN BUILDING. IT'S GONNA BE FIVE STORIES. UM, WE'RE GONNA HAVE HIGH QUALITY URBAN STREET SCAPES WITH, UM, WITH, WITH SHADE TREES TO COMBAT THE HEAT ISLAND EFFECT, UM, WITH CANOPIES THAT COME OUT OVER THE SIDEWALKS AND, UM, AND, UH, HIGH QUALITY STREET SCAPES AS, AS, AS, AS WE NEED IN A MULTIMODAL, UH, CORRIDOR SUCH AS THIS. SO THESE ARE SOME OF THE IMAGES OF A VARIETY OF, OF CORNER CONDITIONS, UH, NEW VIA BUS STOP UP AGAINST THE BUILDING, UH, AND THEN THE BACKSIDE OF THE BUILDING. UM, MARSHALL AND JACKSON, I THINK I'VE GOT ANOTHER COPY OF THE PRIMARY RENDERING LOOKING DOWN SAN PEDRO, UH, FURTHER IN THE PRESENTATION. NEXT SLIDE, PLEASE. UH, SO AGAIN, SITE PLAN, UH, ALONG SAN PEDRO. SO WE, WE WE'RE EARLY IN THE DESIGN PROCESS. WE DON'T YET KNOW EXACTLY WHERE THE EDGE OF THE BUILDING IS GOING TO BE, WHICH IS ONE OF THE REASONS WE'RE, WE'RE REQUESTING RELIEF. WE'VE GOT SOME UTILITY ISSUES THAT WE'RE DEALING WITH. WE HAVE SOME RIGHT OF WAY ISSUES ON SAN PEDRO, AS YOU KNOW. UH, SAN PEDRO IS, IS WHERE VIA IS GONNA PUT THEIR, THEIR NEXT MAJOR BUS TRANSIT LINE. SO THERE'S SOME COORDINATION THAT HAS TO HAPPEN THERE. THAT'S ALL GONNA TAKE SIX TO EIGHT MONTHS, UH, OF, OF BACK AND FORTH TO KIND OF FIGURE OUT EXACTLY WHERE THE EDGE OF THE BUILDING GOES. UH, BUT YOU SEE ALONG SAN PEDRO, UH, A ALONG MARSHALL AND ALONG JACKSON, UH, HIGH QUALITY, UH, UH, PEDESTRIAN STREETS SCAPES AS, AS BE FITS THEIR CONTEXT. NEXT SLIDE, PLEASE. AH, THERE IT IS. UH, AND JUST A QUICK RENDERING OF, UH, THE MASSING OF THE BUILDING. AGAIN, THE ARCHITECTURE'S NOT IMPORTANT YET. THE BUILDING'S NOT REALLY DESIGNED, BUT GETTING A SENSE OF HOW THIS WILL TRANSFORM, UH, THE CHARACTER OF THIS STREET. NEXT SLIDE, AS CALLED FOR IN SA TOMORROW. UH, SO THE SA TOMORROW, UH, MIDTOWN PLAN PLANNING PROCESS HAS HAPPENED. IT'S A PLAN THAT'S BEEN ADOPTED BY COUNCIL. AND WHAT IT SAYS IS THAT THIS SECTION OF SAN PEDRO AND INCLUDING OUR SITE, UM, IS, IS RECOMMENDED FOR, UM, AN A CATALYTIC GATEWAY PROJECT. AND IF YOU LOOK AT THE RENDERING ON THE LEFT, THAT'S ACTUALLY FROM THE COUNCIL ADOPTED PLAN, WHICH SHOWS BUILDINGS PUSHED RIGHT UP TO THE STREET WITH A HIGH QUALITY URBAN STREET SCAPE. AND IF YOU LOOK TO OUR PROJECT TO THE RIGHT, WE WOULD HOOK ON LITERALLY AT THE VERY EDGE ON THE RIGHT SIDE OF THAT RENDERING. AND SO WE'VE CREATED EXACTLY THE KIND OF STREETS SCAPE THAT'S ENVISIONED. UH, WE HAVE NOT YET DONE A LARGE AREA REZONING ALONG SAN PEDRO, WHICH IS WHAT'S GONNA FOLLOW, UM, WHICH IS WHAT FOLLOWS EACH OF THE, UH, COMMUNITY PLANS AS THEY'RE ADOPTED. UH, BUT THIS IS VERY MUCH IN THE SPIRIT OF WHAT'S ENVISIONED FOR THIS STRETCH OF SAN PEDRO. NEXT SLIDE. AND THEN, UH, FINALLY, YOU KNOW, WHAT, WHAT WE'RE [01:10:01] DOING IS WE'RE, WE'RE REBUILDING A SAN PEDRO. THAT ONCE WAS, UM, YOU KNOW, IF, IF YOU LOOK JUST THE, THE NEXT BLOCKS TO THE NORTH, THE TWO OR THREE NEXT BLOCKS TO THE NORTH, THE REMAINING HISTORIC STRUCTURES ON THE STREET, THEY'RE PUSHED RIGHT UP AGAINST THE STREET. THEY HAVE AWNINGS TO PROVIDE SHADE FOR PEDESTRIANS AS AS THEY WALK. UM, SOME OF THEM ARE, ARE, YOU KNOW, MASONRY HARD QUALITY. THERE'S COLON AIDS ON SOME OF THEM. AND SO, YOU KNOW, I THINK IT'S ALL OF THE, ALL OF THE, THE, THE PARCELS THAT ARE IMMEDIATELY SURROUNDING US, UM, WERE COMMERCIAL STRUCTURES THAT WERE BUILT IN THE 1950S, 1960S, 1970S. AND THE ORIGINAL URBAN FABRIC WAS, WAS REMOVED. AND SO WE'RE PROPOSING TO BRING THAT BACK. NEXT SLIDE. NEXT SLIDE. WAS THAT IT? OKAY, GREAT. SO, UM, ANY QUESTIONS? UH, YES, COMMISSIONER KAPLAN KAPLAN, OF COURSE. UH, I JUST HAVE A COUPLE OF QUESTIONS ABOUT SOME OF THESE, UM, UH, WORDING. WHAT IS A PARKING PODIUM, FOR INSTANCE? SO A PARKING, A PARKING PODIUM MEANS WE PARK ON THE GROUND FLOOR AND WE, AND WE PUT, UH, OCCUPIABLE SPACE ABOVE THAT. OH, I SEE. OKAY. BUT WE HAVEN'T OCCUPIED THE ENTIRE GROUND FLOOR. WE'VE TAKEN THE PRIMARY CORNER THERE AT MARSHALL AND SAN PEDRO AND CREATED OCCUPIABLE SPACE. SO THERE'LL BE A BUILDING LOBBY AND LEASING OFFICE AND SUPPORTIVE SERVICES. UH, BUT THEN THE IDEA IS THAT WE SCREEN THE PARKING AT STREET LEVEL, UH, A ALONG THE SIDEWALK WITH TRELLIS AND GROWERS AND SO FORTH. OKAY. AND YOU'RE, YOU'RE, THE OTHER THING I HAD A QUESTION IS, THIS SOUNDS TO ME, AND I HAVE NO, I THINK THIS IS WONDERFUL THAT YOU'RE DOING IT BECAUSE THE CITY CERTAINLY NEEDS AFFORDABLE HOUSING IN ALL DIFFERENT WAYS. BUT ARE YOU PLANNING, IS THIS ASSISTED, MEANING THERE'S HOMELESS HOUS, THESE ARE FOR HOMELESS PEOPLE, AND YOU'RE TRYING TO GET THEM THE, THESE ARE, THESE ARE FOR, I'M JUST CURIOUS ABOUT WHAT THE WORD YOUR, YOUR TERMINOLOGY. YEAH. SO PERMANENT SUPPORTIVE HOUSING IS, UM, IT'S A, IT'S A, IT'S A KIND OF HOUSING THAT, THAT IS, THAT PROVIDES SERVICES PE FOR PEOPLE WHO WOULD OTHERWISE BE CHRONICALLY HOMELESS. AND SO THIS IN PARTICULAR IS FOR FAMILIES. MM-HMM. AS OPPOSED TO SINGLES. THIS IS ALL TWO AND THREE BEDROOM UNITS. AND THIS IS PART OF THE DISCUSSION THAT WE'VE BEEN HAVING OVER THE LAST COUPLE OR THREE YEARS WITH BOTH TOBIN HILL AND THE FIVE POINTS NEIGHBORHOOD ASSOCIATIONS. SO, SO DID YOU GET, UH, AND THIS JUST, UH, IS THIS ADEQUATE PARKING, UM, THAT I'M SEEING FOR THIS NUMBER OF UNITS, UH, AB OR DID YOU GET A VARIANCE ON THAT TOO? ABSOLUTELY. SO THESE ARE, UM, PEOPLE WITH VERY MODEST MEANS. UH, SOME OF THE PORCH PEOPLE, THEY PROBABLY WOULDN'T HAVE CARS IN THE CITY. RIGHT. AND WE KNOW, UM, FROM, YOU KNOW, PREVIOUS CASES THAT I'VE COME TO TO SPEAK WITH YOU ALL ABOUT, UM, LIKE THE CAL SCHU BUILDING DOWNTOWN OR OTHERS, UM, WHERE, YOU KNOW, THE CAL CASU BUILDING HAS 60 SOMETHING UNITS, AND AT LAST COUNT, SEVEN TOTAL CARS MM-HMM. FOR THE, FOR THE RESIDENTS. NOW, THERE MAY BE A FEW MORE HERE, THERE'LL BE FAMILIES. UM, BUT YOU KNOW, WE'RE, WE'RE, THAT'S WHY WE'RE, THAT'S WHY WE'RE PUTTING THIS ON A VIA LINE. SO JUST SO YOU KNOW, IDZ THREE HAS A 50% PARKING REDUCTION, SO THEY DON'T NEED A VARIANCE FOR WHAT THEY'RE OFFERING. THERE'RE WITHIN THE CODE. ANY OTHER QUESTIONS? CANA, MR. CHAIRMAN? THANK YOU. THAT'S WHAT I, OH, HOLD ON. UH, WE WE'RE GONNA HEAR COMMISSIONER SHAKA FIRST AND THEN, OKAY. UH, COMMISSIONER ZUNE AGAIN ALONG, UM, THE QUESTIONS, UM, MS. KAPLAN WAS SAYING, THANK YOU FOR CLARIFYING THE PARKING. UH, WHEN YOU SAY THIS IS PORTABLE HOUSING AND YOU HAVE 80 UNITS, WHAT IS THE PERCENTAGE OR HOW MANY UNITS OF THAT IS AFFORDABLE? LIKE, OR IS IT 15% OF THE WHOLE BUILDING, THIS WHOLE THING GOING UP? 100% OF THE UNITS, UH, WILL HAVE, UH, WILL HAVE PERMANENT SUPPORTIVE HOUSING OR PERMANENT SUPPORTIVE SERVICES AVAILABLE TO THEM. NOW, THE, THE, THE AMIS THAT THEY'RE, YOU WANT ME TO YEAH, YEAH. COME ON UP REAL QUICK. YEAH. THE AMIS, I WAS GONNA ASK YOU ABOUT THAT. SO THIS, YEAH. HI, LUCILA DI WITH FRANKLIN DEVELOPMENT, THE DEVELOPER, 20% OF THE UNITS ARE AT 30%. UM, AVERAGE MEETING INCOME, WHICH EXCEEDS THE CITY'S PLAN. UM, I THINK THE CITY PUSHES FOR 10%, WE'RE DOING 20%, AND THE REST OF THE UNITS ARE AT 50% AND 60%. ANYTHING BELOW 60% AVERAGE MEETING INCOME. AND, AND I THANK YOU. I WOULD ADD TO THAT, SO, UM, THIS IS A PARTNERSHIP WITH SAN ANTONIO METROPOLITAN MINISTRIES, AND, AND WHILE THE, THE PROJECT IS BEING UNDERWRITTEN AT THOSE AFFORDABILITY LEVEL LEVELS, UM, THEY'LL OFTEN BE BRINGING IN CLIENTS WITH, WITH HOUSING VOUCHERS THAT ARE COVERING THE DIFFERENCE IN RENT. SO WHATEVER IT'S UNDERWRITTEN AT, UM, MANY OF THE CLIENTS ARE GONNA BE, YOU KNOW, BELOW 15% A M I, UH, AND ARE GONNA HAVE THE REST OF THEIR RENT COVERED. ALL RIGHT. COMMISSIONERS UNI? [01:15:01] UH, YES. I'VE HAD, UH, HADN'T HEARD THE CULTURE SHOOTING A LONG TIME. I WAS AT THE HOUSE IN TEXAS. OKAY. UH, ON THE I D Z. COULD YOU, COULD YOU, YOU EXPLAIN TO SOME OF US THAT DON'T KNOW THAT, UH, BILL SINCE I WAS, I GOT, UH, TALKING ABOUT PARKING SPACES AND ALL THAT. YOU BET. SO, I D Z STANDS FOR INFILL DEVELOPMENT ZONE, AND IT'S GONE THROUGH A NUMBER OF ITERATIONS OVER THE YEARS, AND IT WAS CREATED TO BE A FLEXIBLE ZONING DISTRICT TO ALLOW US TO DO PROJECTS, UM, WHERE WE HAVEN'T YET, LIKE IN THIS CASE, GONE AND DONE A LARGE AREA REZONING OR, YOU KNOW, CREATED A FORM-BASED SET OF STANDARDS LIKE WE HAVE IN RIVER NORTH OR, OR WHAT HAVE YOU. AND SO, UM, ALONG WITH IT COMES, UM, UH, A HIGHER DEGREE OF, OF, OF CERTAINTY FOR THE GENERAL PUBLIC BUILT INTO, UH, THE ZONING ORDINANCE, WHICH, WHICH IS ACCOMPANIED WITH A, A SITE PLAN AND OFTEN SOME VERY, UH, SPECIFIC CRITERIA ABOUT HEIGHT AND SETBACKS AND SO ON AND SO FORTH. AND PARKING IS ONE OF THOSE. RIGHT. AND SO IT ALLOWS, IT'S, IT'S A FLEXIBLE ZONING THAT ALLOWS US TO LOOK AT THE, AT THE CONDITIONS ON THE GROUND ON THAT PARTICULAR SITE AND, AND DO THE RIGHT THING FOR THAT PROJECT AND SERVE THE POPULATION THAT THAT NEEDS TO BE SERVED. SO, AND ON THAT, SO THERE'S THREE LEVELS OF I D Z ONE, TWO AND THREE I D Z TWO AND THREE HAVE A 50% REDUCTION IN PARKING. I D Z DOES NOT REQUIRE PARK LAND. UH, THERE'S AN EXEMPTION, THERE'S ALSO A REDUCTION IN THE LANDSCAPE REQUIREMENTS, BUT THERE'S A SITE PLAN THAT THAT COUNCIL VOTES ON THAT HAS TO BE FOLLOWED. AND THAT'S WHERE MY LINE OF QUESTIONING COMES IN. SO, UH, ON MAY 4TH, THIS IS APPROVED FOR ID Z THREE, DID YOUR APPROVED SITE PLAN TAKE THIS ALL THE WAY, UH, TO, UH, WITHIN FIVE FEET FOR THE, THE STANDARD PERIMETERS THAT WHAT YOUR ID Z SITE PLAN SHOWS? ABSOLUTELY. YEAH. WE HAD TO GET A PLAN AMENDMENT AND WENT THROUGH ZONING COMMISSION AND COUNCIL. SO, SO THE QUESTION, SAME SITE PLAN. SO THE QUESTION FOR STAFF IS THAT IF WE, IF WE WERE TO APPROVE A REDUCTION TO A ONE FOOT AS OPPOSED TO THE FIVE FOOT PERIMETER, WOULD THAT INCREASE THE IMPERVIOUS COVER, UH, OF THE I D Z SIDE PLAN FORCING THIS TO BE AMENDED? OH, GEEZ, THAT'S A GOOD QUESTION. AND THE SECOND THING IS, IS YOU'VE, YOU'VE GOT THREE FACE POWER ON AT LEAST THREE SIDES OF THIS BLOCK THAT ARE RIGHT ON THE PROPERTY LINE. AND YOU'RE TALKING ABOUT BUILDING A STRUCTURE ABOVE THE POWER LINES. YOU HAVE TO HAVE 14 FEET AWAY FROM THE CENTER LINE OF THOSE POLES. UM, WE'RE, WE'RE TALKING ABOUT UNDERGROUNDING ON AT LEAST ONE BLOCK FACE, MAYBE TWO. UM, BUT, BUT WE'RE AWARE OF ALL OF THOSE REQUIREMENTS. SEE THAT, SEE, THAT'S WHAT I'M CONCERNED ABOUT IS THAT THERE'S, THERE'S TWO ISSUES THAT I WOULD HAVE, UH, IS THAT WOULD THIS FORCE AN AMENDMENT AND WOULD THAT AMENDMENT BE A MAJOR WHERE IT HAS TO GO BACK THROUGH ZONING OR COULD IT BE AN ADMINISTRATIVE? I THINK YOU'RE ALLOWED TO DO 10%, UH, ON THAT. AND THEN, AND THEN THE OTHER CONCERN IS IF YOU'RE ONLY GONNA GO UNDERGROUND ON ONE SIDE, A 14 FOOT IS A MAJOR NUMBER. UH, I MEAN, YOU CAN GO DOWN ON A U D I D Z SITE PLAN, YOU JUST CAN'T GO UP. BUT, UM, I DIDN'T KNOW HOW THAT WAS GONNA PARTAKE INTO ALL THIS. AND, YOU KNOW, AND I DOESN'T OUR SITE PLAN CALL OUT A ONE FOOT SETBACK THROUGH ALL OF THAT? YOU CAN'T, NOT ON THE I D Z SITE PLAN ZONING CAN'T APPROVE DEVIATIONS FROM THE FIVE FOOT PERIMETER, BUT THAT'S CORRECT. MR. CHAIR. UM, SO ON OUR I D Z SITE SITE PLAN, WE ANTICIPATED, UM, REQUESTING THESE SETBACKS. AND SO WE DID HAVE A DISCLOSURE ON, ON THE I D Z SITE PLAN. I DON'T KNOW IF YOU ARE ABLE TO PULL IT UP, IT'S ON ONE OF OUR SLIDES. UM, THAT WE WOULD BE GOING TO THE BOARD OF ADJUSTMENTS OH, GOOD. FOR THIS REQUEST. AND WE ALSO INCLUDED, I BELIEVE, A LITTLE OVER WHAT THE SQUARE FOOTAGE WOULD BE IF IT, WE, YOU KNOW, HAD BEEN WITHIN ONE FOOT OF EACH SIDE. SO WE DID ANTICIPATE COMING HERE. WE ACTUALLY FILED THIS REQUEST ALONG WITH THE ZONING APPLICATION AND PUT IT ON HOLD UNTIL WE GOT OUR ZONING APPROVED. THAT MAKES ME FEEL BETTER. UH, AS FAR AS THE C P S, 'CAUSE YOUR TWO LOTS RIGHT NOW, YOU'RE GONNA HAVE TO REPLANT AND CONSOLIDATE INTO ONE THAT'S CORRECT. WHICH THEN C P SS WILL HAVE AN OPPORTUNITY TO NEGOTIATE HOW YOU'RE GONNA HANDLE THEIR EASEMENT REQUIREMENTS. THAT'S RIGHT. SO THAT MAKES ME FEEL BETTER ABOUT, ABOUT THAT TOO. SO, UH, IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? MR. SO, MR. CLARIFICATION, THE IMP PURPOSE ISSUE IS NOT ON THE TABLE NOW, NOW, RIGHT. I MEAN, I ONLY BROUGHT IT UP BECAUSE YOU, WHEN SOMEBODY WANTS TO GET A PROJECT ACCOMPLISHED, SOMETIMES THERE'S MORE THAN ONE STEP ALONG THE WAY. UM, THEY, THEY, IF THEY HAVE TO GO BACK TO ZONING, THEY WOULDN'T KNOW UNLESS THEY CAME TO US FIRST, YOU KNOW, SO THERE'S CART BEFORE THE AG, UH, WHATEVER, THAT JUST LOOKING OUT FOR US. RIGHT. SO, UH, HE HAS TO, THEY HAVE TO GO. THEY, THEY'RE NOT ALLOWED TO ASK FOR ANYTHING LESS THAN A FIVE FOOT PERIMETER WHEN THEY GO. WE CAN GRANT LESS THAN THAT, BUT IF THERE'S A DEVIATION FROM THE APPROVED SITE PLAN, THEY MIGHT NEED A MODIFICATION, WHICH, IF IT'S LIKE LESS THAN 10% OR SOMETHING COULD BE DONE ADMINISTRATIVELY, AS LONG AS THEY DON'T INCREASE THE UNITS. SO IF THEY ASK FOR 80 UNITS AND THEY'RE GONNA KEEP 80 UNITS THAT THEY MAY, THEY MAY BE ABLE TO KEEP THIS ADMINISTRATIVE, WHICH STAFF I'M SURE WILL, WILL TALK TO THEM ABOUT. BUT, BUT BEFORE US, YOU KNOW, MY, MY BIGGEST CONCERNS WERE THE, THE THREE PHASE ELECTRIC, WHICH DOES REQUIRE A 14 FOOT SETBACK [01:20:01] OFF THE CENTER LINE OF THE POLE, WHICH WOULD BE FAR, FAR INTO, INTO THIS, UH, WHICH WILL COME UP DURING PLATTING, WHICH THEY HAVEN'T DONE YET. SO WE'RE JUST ONE COG IN THE WHEEL. THANK YOU. THANK YOU. UH, ANY OTHER QUESTIONS? UH, HEARING NONE, UM, IS THERE ANY PUBLIC COMMENTARY FOR THIS? WE HAVE ONE SPEAKER SIGNED UP. ALL RIGHT. LET'S, UH, HAVE THEM COME UP. AND WHILE THEY'RE COMING UP, UH, I AGREE IN LOOKING AT THE MAJOR AMENDMENTS AND THE MINOR AMENDMENTS, THAT THIS, IF THERE WERE ANY CHANGE THAT HAS BEEN IN THIS DISCUSSION, IT COULD BE ADDRESSED THROUGH A MINOR AMENDMENT. FANTASTIC. UH, SIR, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US WHAT YOUR THOUGHTS ARE. PERFECT. UH, MY NAME IS RICK SHELL. I, UH, AM AT FOUR 30 EAST MISSILE TO AVENUE. I LIVE IN THE TOBIN HILL, UH, COMMUNITY. I AM PART OF THE TOBIN HILL COMMUNITY ASSOCIATION. I'M THE ZONING AND DEVELOPMENT COMMITTEE CHAIR FOR THE ASSOCIATION. UH, I JUST WANTED TO COME HERE TODAY TO SUPPORT THIS PROJECT AND THE REQUEST THAT THEY'RE, UH, ASKING FOR HERE. UH, ALL THE WAY BACK INTO 2017, OUR NEIGHBORHOOD WAS ASKED AND TASKED WITH FINDING PROPERTIES WITHIN OUR, OUR COMMUNITY THAT COULD SUPPORT THIS TYPE OF PROJECTS. UH, UNFORTUNATELY WE DID IDENTIFY SOME, UH, THAT WE WOULD LIKE TO SEE. UH, THEY DIDN'T END UP BEING VIABLE CANDIDATES FOR A PROJECT LIKE THIS, SO WE ARE GLAD TO SEE THAT THIS IS COMING INTO THE COMMUNITY AND INTO OUR NEIGHBORHOOD, ALBEIT ON THE FIVE POINT SITE OF SAN PEDRO. UM, WE ARE VERY HAPPY. WE'VE WORKED VERY DILIGENTLY TO TRY TO BRING THIS TYPE OF PROJECT INTO THE COMMUNITY. UH, IF YOU TAKE A LOOK AT THE SAN PEDRO CORRIDOR, WE REALLY WANT TO, UM, BRING THIS TYPE OF DEVELOPMENT INTO THAT. UH, BEING A TRANSPORTATION CORRIDOR IS VERY IMPORTANT, UH, FOR THIS TYPE OF THING TO BE SUCCESSFUL. UH, AND WE REALLY WANNA MAKE SURE THAT WE ARE, ARE, ARE, UM, YOU KNOW, SUPPORTING THIS TYPE OF DEVELOPMENT AS IT COMES ALONG, AS A FUTURE GROWS. AND AS THIS, AS THIS CORRIDOR GOES THROUGH, UM, YOU KNOW, WITH, WITH THE MIDTOWN CHANGES AND ALL THE DIFFERENT THINGS THAT WERE GOING ON WITH THE MIDTOWN PLAN THAT WE CREATED AS A COMMUNITY, UH, WE REALLY WANT TO, UH, BRING MORE OF THIS TYPE OF, OF, UH, DEVELOPMENT AND, AND LIVING SPACE TO THAT AREA. SO WE THANK YOU ALL VERY MUCH FOR YOUR TIME AND APPRECIATE IT. THANK YOU VERY MUCH. UM, IS THERE NO OTHER QUESTIONS? BACKMAN? UH, COMMISSIONER KAPLAN ACTUALLY ASKED, UH, SORRY. UH, SO NO QUESTION. I SAID I MOTION YEAH, THIS IS WHAT I WAS SAYING. YOU PLEASE PROCEED. OH, OKAY. UH, REGARDING CASE NUMBER B O A 2 3 103 0 0 0 4 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A 39 FOOT VARIANCE FROM THE MINIMUM 40 FOOT URBAN CORRIDOR ARTERIAL STREET FRONT SETBACK ALONG SAN PEDRO TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE PROP, UH, ONE FOOT FROM THE PROPERTY FRONT PROPERTY LINE TWO, A FOUR-FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE FOOT FROM THE SIDE PROPERTY LINES, AND THREE, A FOUR-FOOT VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE FOOT FROM THE REAR PROPERTY LINE SITUATED AT FOUR 19 AND 4 25 SAN PEDRO AVENUE, APPLICANT BEING BROWN AND MCDONALD, P L L C. BECAUSE THE TESTIMONY PRESENTED US, AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. NOW, UM, DID YOU WANT ME TO DO A, A AMENDMENT OR SOMETHING LIKE THAT? DID YOU WANT ? WELL, ACTUALLY, UH, BEFORE WE, WELL, BEFORE YOU FINISH THE MOTION, I DO HAVE A QUESTION FOR STAFF REGARDING THE LEGALITY OF THE FRONT SETBACK. SO THE MOTION AS ADVERTISED, WAS FOR A 39 FOOT FROM THE URBAN CORRIDOR ON SAN PEDRO, BUT DOESN'T THE I D Z THREE ALSO REQUIRE A FOOT, A FIVE FOOT PERIMETER SETBACK ON ALL FOUR SIDES? DOES THAT HAVE TO BE ADVERTISED SEPARATELY? IT WAS, IT WAS ADVERTISED AS DIFFERENT ITEMS. SO ITEM ONE WAS ONLY FOR THE FRONTS, BECAUSE THAT'S THE ONLY ONE THAT PERTAINS TO FROM THE 40 FOOT URBAN CORRIDOR QUARTER SETBACK. WHAT ABOUT THE FIVE FOOT PERIMETER SETBACK ALONG SET BEDROOM THAT THE I D Z REQUIRES? DO WE HAVE TO, OH, THIS IS, THIS IS A, THIS IS A MORE RESTRICTIVE ONE, SO IT WOULD TAKE AWAY, OKAY. I JUST WANTED TO MAKE SURE THAT THEY DIDN'T HAVE TO COME BACK. OKAY, FINE. SO PLEASE PROCEED. UH, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE APPLICANT IS REQUESTING A VARIANCE TO THE FRONT SIDE AND REAR SETBACK TO ALLOW A STRUCTURE TO BE ONE FOOT FROM THE FRONT SIDE AND REAR PROPERTY LINES. AND IT'S NOT CONTRARY TO THE PUBLIC INTEREST DUE. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING A STRUCTURE 40 FEET FROM THE FRONT PROPERTY LINE AND FIVE FEET FROM THE SIDE AND REAR PROPERTY LINES, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE STRUCTURE WOULD HAVE TO HAVE THE SQUARE FOOTAGE REDUCED TO MEET THE SIDE, THE SETBACK REQUIREMENTS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE STRUCTURE WILL BE ONE FOOT FROM THE SIDE AND REAR PROPERTY LINES, AND ONE FOOT FROM THE FRONT PROPERTY LINE, WHICH OBSERVES THE SPIRIT OF THE ORDINANCE DUE TO THE SIZE OF THE LOT AND THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THESE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. EXCUSE ME. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER [01:25:01] OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL BE ONE FOOT FROM THE REAR SIDE AND FRONT PROPERTY LINES DUE TO THE SIZE OF THE LOT, AND THE PROPOSED SQUARE FOOTAGE OF THE STRUCTURE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND NOT, AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE SIZE OF THE LOT, AND THEY PROPOSED SQUARE FOOTAGE OF THE STRUCTURE. END OF MOTION. SECOND. SECOND. THANK BY COMMISSIONER BRAGMAN. COMMISSIONER KAPLAN. I, I DEFINITELY BEFORE THIS, UH, I THINK THAT THERE'S A, UH, REAL SHORTAGE OF AFFORDABLE HOUSING CREATED BY ALL THE DEVELOPMENT THAT HAS BEEN DONE SINCE 2010, THE LUXURY DEPART BUILDING. AND IT'S WONDERFUL TO SEE 80 UNITS BEING BUILT, SUPPORT PEOPLE, UM, ESPECIALLY THE SUPPORTIVE HOUSING THAT YOU'RE WORKING WITH SAM MINISTRIES AND, AND I LIKE THE FACT THE NEIGHBORHOOD, UH, ASSOCIATION IS FOR IT. SO YEAH, I'LL BE DEFINITELY IN SUPPORT OF THIS. THANK YOU COMMISSIONER BRAGMAN. I'LL ALSO BE IN SUPPORT OF THE MOTION, AND I JUST WANTED TO COMMEND THE NEIGHBORHOOD ASSOCIATION FOR BEING SUPPORTIVE OF THIS AND, AND BEING PROACTIVE, LEAST SUPPORTIVE OF IT. WE'D LOVE TO SEE MORE NEIGHBORHOODS FOR THAT SAME SORT OF ATTITUDE. SO YEAH, I'LL BE IN SUPPORT. ALL RIGHT. IS THERE ANY OTHER COMMISSIONERS THAT WOULD LIKE TO ADD TO THE CONVERSATION? HEARING NONE, SEVERAL CALL, VOTE, PLEASE, MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MS. BROWN. I CONCUR. MS. HAYES, I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. I CONCUR. MR. ZUNIGA. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. CODDLE CONCUR. CHAIR ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 11 ZERO. CONGRATULATIONS. THANK YOU. YEAH, SIR. UH, IN THE BACK OF THE BLUE TIE, CAN YOU, UH, WHAT WAS YOUR, WHAT WAS YOUR ADDRESS? UH, IT WAS TAKEN CARE OF. WE'RE GOOD. OKAY. THANK YOU. ALRIGHT, NEXT ITEM. ITEM FIVE. ALL RIGHT. NEXT ITEM IS BO O A 23 DASH 1 0 3 0 0 0 55. ADDRESS OFF OF 7 26 ARAN AVENUE COUNCIL, DISTRICT TWO, APPLICANT BEING MR. FALL. THE REQUEST FOR A 1750 SQUARE FOOT VARI FROM THE MINIMUM 4,000 SQUARE FOOT TO ALLOW A LOT SIZE OF 2250 SQUARE FEET. UH, NINE FOOT VARI FROM THE MINERAL 10 FOOT FRONT SETBACK TO ALLOW A ONE FOOT FRONT SETBACK, UH, FOUR FOOT VARI FROM THE MINERAL AND 10 FOOT REAR SETBACK TO ALLOW A STRETCHER TO BE ON THE PROPERTY LINE WITH A SIX FOOT CREDIT FROM THE ALLEY. AND A FOUR OR FOUR FOOT 11 VARIANCE FROM THE MINERAL FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH SIDE SETBACK ON THE EAST AND WEST PROPERTY LINES AND A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORY TO ALLOW A BUILDING WITH THREE FULL STORIES ZONING BEING RMM FOUR. NEXT SLIDE PLEASE. THE SUBJECT PROPERTY IS LOCATED ON AVENUE AND DENVER HEIGHTS. THE APPLICANT PROPOSED TO CONSTRUCT A SINGLE FAMILY RESIDENCE WITH REDUCED SETBACKS ON ALL SIDES ON A SUBSTANDARD LOT. THE APPLICANT IS REQUESTING A VARIANCE FROM BUILDING A 1750 SQUARE FOOT R RMM FOUR, THE VARIANCE TO ALLOW A HOME WITH A CARPORT TO BE ONE INCH FROM THE FRONT AND SIDE PROPERTY LINES. AND ON THE REAR PROPERTY LINE WITH, UH, SIX FOOT CREDIT FROM THE ALLEY. THE APPLICANT ALSO REQUESTED TO HAVE STORY VARIANCE. NEXT SLIDE, PLEASE. THIS IS THE SITE PLAN. AND NEXT SLIDE PLEASE. SUBJECT PROPERTY. THE ALLEY IS SOMEWHAT, UH, DIFFICULT TO SEE. IT'S NOT A TRADITIONAL ALLEY WHERE YOU SEE IT'S PAVED OR ANYTHING LIKE THAT, THE SURROUNDING AREAS. OKAY. KEEP GOING THROUGH THE SLIDES. OKAY. UH, QUICK QUESTION FOR STAFF ON THE, ON THE, UH, DOWNLOADED ATTACHMENTS. UH, THE RED OUTLINE PARCEL, UH, IS AT THE HARD, IS A, IS A TRIANGLE RIGHT THERE AT THE VERY LEFT SIDE, WHICH WOULD BE LOT, I GUESS 10. BUT THE, THE SITE PLAN [01:30:01] SHOWS THAT, THAT ALL THE ACTIONS GOING ON ON LOT 11. UH, WAS THIS, WAS IT ADVERTISED TO INCLUDE ALL THREE OF THE LOTS THAT ARE PART OF THIS OWNERSHIP OR JUST THE, THE, THE ONE ON THE LEFT? THIS WOULD, THIS WOULD BE, UH, AS THE SITE PLAN IS INDICATED. SO IT WOULD NOT INCLUDE ALL THE OTHER LOTS. OKAY. SO EVEN THOUGH THEY, LIKE, BEXAR COUNTY HAS 'EM ALL IN ONE. RIGHT. THAT'S WHAT I WAS JUST WONDERING TO MAKE SURE THE ADVERTISEMENT WAS ALL RIGHT. AND GIMME ONE SECOND. I'M PULLING UP THE REST OF THE SLIDES. SURE, SURE. OH YEAH, YOU HAVE TO GO BACK FROM THE BEGINNING, TYPE IN. OKAY. STAFF RECOMMENDATION. UH, STAFF RECOMMENDS DENIAL AND B O A 55 BASED ON THE FOLLOWING OF FACTS VARIANCES WILL LEAVE NO SPACE BETWEEN PROPERTY LINE AND STRUCTURE, AND WE'LL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. NEXT SLIDE. UH, CAN YOU GO TO ONE MORE SLIDE? I'M SORRY. GO BACK. ALL RIGHT. UM, SORRY. WE'RE HAVING SOME DIFFICULTIES WITH THE POWERPOINT. THIS IS THE NON UPDATED ONE. WE DID HAVE, UM, DENVER HEIGHTS IN SUPPORT, BUT WE ALSO HAD A NUMBER OF, UM, IN SUPPORT. OKAY. GIMME ONE SECOND HERE AND GO DOWN. OKAY. TOUCH THAT AGAIN. RIGHT THERE. MM-HMM. . AND THEN, AND WE THINK OUR NEW, UH, SLIDE FORMAT IS A LITTLE TOO HEAVY. SO IT, THE COMPUTER'S HAVING TROUBLE OPENING THEM. ITEM FIVE, WE HAVE NINE. I'M SORRY. WE HAVE EIGHT IN SUPPORT WITHIN 200 FEET AND ONE IN SUPPORT OUTSIDE OF 200 FEET. AND THE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. UM, NEXT SLIDE, PLEASE. OH, THAT'S IT. MANANA. ANY QUESTIONS? SORRY, COMMISSIONER MANANA. SO, UH, DO WE HAVE THE SUPPORT LETTER FROM DENVER HEIGHTS AVAILABLE? YES. I'M GONNA, I'M GONNA EMAIL CHAIR ABOUT TO OPEN 'EM UP. HAS ANYONE SIGNED UP TO SPEAK? UH, NO PUBLIC COMMENT. ALL RIGHT. IF THE APPLICANT, IS THE APPLICANT PRESENT? YES, THE APPLICANT IS PRESENT. ALL RIGHT. YOU CAN COME ON UP WHILE WE'RE WAITING FOR THE LETTER, UH, TO BE PROJECTED INTERRUPTING EARLIER. THAT'S OKAY. UM, I DIDN'T KNOW IF I COULD PROJECT OR NOT. YEAH, SO YOU CAN GIVE IT TO STAFF. THEY CAN PUT IT ON THE TABLE AND PROJECT IT ON THE SCREEN FOR US. OKAY. UH, AND IF THERE'S ANYTHING THAT'S, UH, MAYBE HIGHLY DETAILED AND YOU WANNA JUST HAVE IT PASSED AROUND, WE CAN DO THAT TOO. OKAY. AND REAL QUICK, UH, THIS IS THE NEIGHBORHOOD ASSOCIATION LETTER ON THE SCREEN RIGHT NOW. MANNA COMMISSIONER. SO, SO WITNESS LETTER IS PRESENTED. SO WAS IT THE FULL, UH, THE FULL REQUEST INCLUDING THE THREE STORY YES. DIALOGUE? CORRECT. WE RECEIVED THIS AFTER WE SENT OUT OUR NOTIFICATION. OKAY. THANK YOU. UH, WHAT WAS GONNA BE A RENDERING ON THIS, WHAT IT LOOKS LIKE? UM, I DO NOT HAVE A RENDERING. I DO HAVE A, A HEIGHT, ELEVATION RELATED TO THE THIRD STORY. THAT'S THE BEST I HAVE. WE HAVE NOT CONSIDERING THE DIFFICULTY IN GETTING THE APPROVAL FOR, UH, THE CURRENT PLAN. UH, WE DO NOT HAVE A, A DETAILED, UH, DESIGN YET. WE'RE WAITING ON THIS STEP TO GET A MORE DETAILED DESIGN. HOWEVER, UH, WE DO. UM, WHENEVER I WENT, UH, WHENEVER I, UH, ADDRESS THE NEIGHBORHOOD ASSOCIATION, UH, THE BIGGEST CONCERN WAS THE, THE THIRD STORY, WHICH I ANTICIPATED. UM, THE, THE PROBLEM WITH THE LOT IS IT'S THREE DIFFERENT LOTS, UH, THAT ARE ZONED IN SUCH A WAY. YOU CAN'T BUILD ACROSS LOT LINES UNLESS YOU GET IT REZONED. UH, REALLY LIMIT YOUR OPTIONS. WE LOOKED AT, UH, REZONING I D Z ONE, UH, AND THEN THERE'S A PARKING LOT THAT WAS BUILT ON THE PROPERTY. WHO KNOWS WHEN? I'M NOT SURE WHO BUILT IT. UH, THAT IS BOTH ON, UH, PARTLY ON MY PROPERTY AND THE ADJACENT PROPERTY. THE ADJACENT PROPERTY IS A, UH, UH, MULTI-FAMILY, UH, RESIDENCE, UH, THAT USES THAT PARKING LOT. UH, AND THAT IS ON THE WIDEST END OF THIS REALLY NARROW, UM, TRIANGULAR LOT. SO IT'S ACTUALLY ON THE, THE END THAT IS MOST SUITABLE TO BUILDING BECAUSE IT'S, IT'S WIDE ENOUGH TO ACTUALLY BUILD SOMETHING. UM, LONG STORY SHORT, UH, TO APPEASE EVERYBODY, UH, WE DECIDED TO GO WITH MIDDLE LOT, NOT GET REZONED, NOT HAVE TO TEAR DOWN, UH, THE PARKING LOT THAT'S ALREADY THERE, UH, UH, WHICH MIGHT HAVE CAUSED A, UH, CONFLICT WITH THE NEIGHBOR ON THAT SIDE WHO IS IN SUPPORT AND, UH, DID PROVIDE A, UH, A DOCUMENT SUPPORTING THE PROJECT. SO, SO REALLY QUICK FOR STAFF, UH, SORRY TO INTERRUPT. GO AHEAD. UH, SO SINGLE FAMILIES ALLOWED TO CROSS LOT LINES, BUT BECAUSE IT'S OWNED RMM FOUR, THEY'RE NOT ALLOWED TO, EVEN IF IT'S A SINGLE FAMILY HOME. UH, SO ARE YOU TALKING ABOUT, UH, FOR A C O D? WELL, NO, I MEAN, I, I THOUGHT, UH, THAT THAT IS CORRECT. IT HAS TO BE R FOUR. [01:35:01] THAT WAS A CONVERSATION I'VE HAD. OKAY. I'VE HAD LOTS OF CONVERSATIONS ABOUT HOW TO GO ABOUT, UM, I DIDN'T, I DIDN'T KNOW IF THE RMM FOUR, I KNOW THAT ALLOWS SOME MULTIFAMILY, BUT IF YOU'RE USING IT FOR SINGLE FAMILY, WHETHER YOU WERE ALLOWED TO CROSS LOT LINES, I WAS, UH, WAS NOT AWARE OF THAT. ALL RIGHT, KEITH, CONTINUE. WELL, SO, UM, IN, IN THE CONVERSATION I HAD WITH, I CAN'T REMEMBER WHO, IT'S IN MY EMAILS, UM, LIKE A CHAIN OF 40 SOMETHING EMAILS, UM, ON WHETHER WE COULD BUILD ACROSS LOT LINES. UM, WE WERE TOLD THAT WE COULD. AND, UH, I, UM, UNFORTUNATELY HAVE DIGESTED THE U D C ENOUGH TO BUILD, TO REFERENCE IT. AND, AND I POINTED OUT THE FACT THAT RMM FOUR WAS NOT LISTED, R FOUR WAS LISTED. AND I DON'T KNOW IF, UH, THEY WERE NOT AWARE OF, OF, UH, THAT, OR IF IT'S NOT EXPLICIT, EXPLICITLY STATED SOMEWHERE ELSE IN THE U D C I COULDN'T FIND IT. THE STAFF PUT OUT AN INFO BULLETIN ABOUT IT. UH, BUT JUST PLEASE CONTINUE WITH THE PRESENTATION. I'M, I'M, I'M LOOKING FOR, OH, OKAY. UH, SO, UM, SO IT IS POSSIBLE TO BUILD IT ACROSS LOT LOANS? WELL, I DON'T KNOW. WE'LL SEE. OKAY. UM, BUT PLEASE CONTINUE . WELL, SO NOT BUILDING ACROSS DOES, LIKE I SAY, AVOID THE CONFLICT WITH THE NEIGHBOR ABOUT TEARING DOWN THE, THE PARKING LOT THAT'S ALREADY THERE. UH, THE NEIGHBORHOOD ASSOCIATION WAS REALLY HAPPY THAT IT CONSERVES GREEN SPACE AND THE ADJACENT LOTS. UH, THE ONLY PROBLEM WITH THAT IS IT LEAVES ABOUT A 500 SQUARE FOOT FOOTPRINT TO BUILD ON. UM, AND THAT WAS WHERE, AND IT HAS TO HAVE, UH, PARKING ON SITE. THAT WAS WHERE THE THIRD STORY CAME IN. SO IN MY CONVERSATIONS WITH, UM, THE NEIGHBORHOOD ASSOCIATION, AND, AND I ONCE AGAIN ANTICIPATED THIS BEING A, UM, KIND OF A POINT OF CONTENTION, UH, WE DECIDED THAT, UH, IN OUR DESIGN, THAT WE WOULD BUILD A, A FLAT ROOF, A FLAT ROOF STRUCTURE, UH, THE GRADE FROM THE, UH, MULTIFAMILY RESIDENCE, UH, TO THE EAST. IT IS SUCH THAT OUR, THE LINE OF THEIR ROOF WOULD BE, UM, IN LINE WITH OUR ROOF. SO VISUALLY IT WOULD APPEAR NOT TO BE, UH, OUT OF PLACE IN THE NEIGHBORHOOD. UH, ALSO, SOME OF THE THINGS THAT I BROUGHT SHOW THAT THERE ARE SEVERAL OTHER, UM, AND, AND SO THAT IS, THAT WOULD PUT THE, UM, THE HEIGHT OF THE BUILDING BETWEEN 27, 28 FEET WITH EIGHT FOOT CEILINGS AND, UH, ALLOWING A FOOT PER, UM, BETWEEN FLOORS AND WITH THE ROOF. SO I, UH, I LOOKED AND I SAID, WELL, HEY, ARE THERE OTHER 27, 28 FOOT STRUCTURES IN THE AREA? AND, UH, AND SO THOSE, SO I, UH, GOT ON GOOGLE EARTH AND LOOKED NORTH, UH, SOUTH AND WEST. EAST IS POE ELEMENTARY. AND THE, UH, THE BUILDINGS THAT I FOUND WERE ACTUALLY IN THE NORTH AND SOUTHVIEW, SO I DIDN'T INCLUDE IT. UH, BUT MR. CHAIRMAN, THIS IS SO, UH, I DIDN'T MARK IT BEFORE. SO BACK THERE I GOT MY PEN OUT AND MARKED WHERE MY PROPERTY IS. IT'S THE ONE WITH THE CIRCLE WITH THE X IN IT. IT, SIR, CAN YOU SPEAK? YES, THANK YOU. YOU CAN STAY IN THE MIC. UH, AND, AND SO THIS IS LOOKING SOUTH AND TWO BLOCKS AWAY, YOU SEE, AND, AND THIS IS AS DETERMINED BY GOOGLE EARTH. WHENEVER YOU PUT THE, UM, THE CURSOR ON THE GROUND AND THEN PUT IT ON THE BUILDING, IT GIVES TWO DIFFERENT HEIGHTS. IF YOU SUBTRACT THE TWO, YOU CAN GET THE HEIGHT OF THE BUILDING. SO THERE ARE THREE BUILDINGS. UH, YEAH, I CAN DO THAT. AND JUST SO YOU KNOW, I FOUND THE INFO BOLDED IS, UH, NUMBER 5 0 6. AND IT DOES SAY THAT IT HAS TO BE, UH, A SINGLE FAMILY USE ZONE. AND SO RM FOUR DOES ALLOW MULTI-FAMILY. AND THEN ONE OF THE OTHER BULLET POINTS. SO YOU'RE SAYING IT'S NOT POSSIBLE? UH, NO, NOT, NOT ACCORDING TO THIS INFO BULLETIN. UH, AND THEN THE NUMBER THREE TEST DOES NOT INCLUDE THAT ZONING DISTRICT. SO, UH, STAFF, ARE WE ALLOWED TO ENTERTAIN A VARIANCE FOR CROSSING A LOT LINE? IS THAT, NO, WE'RE NOT ALLOWED TO DO THAT. JUST CHECKING, UH, GO AHEAD, CONTINUE. ALL RIGHT. SO THIS IS THE, THE SUBJECT PROPERTY. UH, TO THE SOUTH, THERE ARE THREE DIFFERENT PROPERTIES. UM, THIS IS MULTI BUILDINGS OR MULTIFAMILY, UH, THAT HAVE, THAT ARE OVER 27 FEET. UH, GO TO THE NEXT. AND ONCE AGAIN, THIS IS THE, UH, UM, SORRY, I'M TRYING TO ORIENT MYSELF. OH, THERE WE GO. SO HERE'S THE SUBJECT PROPERTY. LOOKING WEST, THERE ARE THREE PROPERTIES ABOUT ONE, TWO, ABOUT TWO BLOCKS AWAY, ONCE AGAIN, THAT ARE OVER 27 FEET. AND THEN LOOKING NORTH, UH, THE SUBJECT PROPERTY, I BELIEVE IS ON THE BOTTOM HERE. UM, IT'S NOT IN VIEW, BUT IT WOULD BE ABOUT RIGHT THERE. YEAH, THERE WE GO. RIGHT THERE. UH, AND THERE ARE THREE SUBJECT PROPERTIES, UM, THAT ALSO HAVE, UH, THAT ARE OVER 27 FEET IN TOTAL HEIGHT. ONE THAT'S ABOUT FOUR BLOCKS AWAY THROUGH OR FOUR BLOCKS AWAY. UH, AND AS FAR AS, UM, AS FAR AS NOT FITTING THE CHARACTER OF THE NEIGHBORHOOD, UH, WHAT, WHAT IS THE CHARACTER OF THE NEIGHBORHOOD? IT'S A MIX OF OLD, UM, OLD, OLD, OLDER STOCK HOUSING, [01:40:01] UH, AND NEWER DEVELOPMENTS. UM, WE PLAN ON BUILDING A MORE MODERN, UH, DESIGN, WHICH, UH, WE DISCUSSED WITH THE, UM, DENVER HEIGHTS, UM, HOUSING ASSOCIATION. UH, AND, AND SO I DON'T SEE HOW BUILDING A, UM, A STRUCTURE THAT, UH, FITS IN WITH THE NEWER CONSTRUCTION WOULD BE OUT OF CHARACTER OF THE NEIGHBORHOOD. I, I, I'VE ALREADY ADDRESSED THE FACT THAT BY SITE IT'S GONNA BE, UM, ACTUALLY DO, DO YOU HAVE A SITE PLAN OR A YEAH, IT WAS IN INCLUDED EARLIER. UM, SO YEAH. AND SO BY LINE OF SIGHT, IT'S GONNA BE, UM, EQUAL TO THE HOUSE NEXT TO IT. AND THERE'S ACTUALLY, UH, I BELIEVE SEVEN HOUSES OUT OF THE, UH, 16 OR SO, UH, IN THE BOTH DEL MAR, WHICH IS THE NEXT STREET OVER AND ARANSAS HERE THAT ARE OVER 20 FEET. SO IT'S NOT LIKE THERE'S, THESE ARE ALL ONE STORY HOUSES THAT, WHERE THIS WOULD JUT UP ABOVE THE REST OF THEM. SO I THINK IT ABSOLUTELY, AS FAR AS THE WAY IT'S GONNA BE DESIGNED WITH A FLAT ROOF WOULD FIT IN WITH IT. THE NEIGHBORING HOUSE HAS A FLAT ROOF. THERE'S FLAT ROOFS THERE, THERE'S OTHER HOUSES WITH FLAT ROOFS. SO TO TO SAY THAT IT DOESN'T FIT THE CHARACTER OF THIS, UH, EVOLVING NEIGHBORHOOD, CHANGING NEIGHBORHOOD, I, I, I DON'T THINK THAT'S ACCURATE AT ALL. OKAY. AND, UH, CAN YOU BRING, CAN YOU BRING THE SIDE PLANE BACK UP PLEASE? OKAY. SO YOU HAD MENTIONED THAT TO THE EAST THERE WAS A PARKING LOT THAT'S BEING USED BY YOUR NEIGHBOR. YEAH. UM, HERE, BUT THAT'S STILL YOUR PROPERTY, CORRECT? IT IS. OKAY. AND THEY'RE, ARE YOU RENTING THAT OUT TO THEM, OR NO, THEY'RE JUST USING IT. THEY'RE JUST USING IT. OKAY. I, I, WE HAVE A NEW, UM, COMMISSIONER KAPLAN. I, I, I THINK I'M LOST HERE. UM, I CAN'T FIGURE OUT, UH, WHERE YOUR PROPERTY ACTUALLY IS BECAUSE I'M LOOKING ON GOOGLE MAPS. I'VE GOT A SURVEY MAP THAT I WANTED PUT UP. OH, AND IT'S, IT SHOWS THAT THERE'S, IT LOOKS LIKE A GARAGE. UM, THAT'S GOOGLE MAPS. YEAH, I KNOW, BUT THAT'S NOT, IT SHOWS IT ON THE, UH, BACK OF A PROPERTY ON DELMAR, IF YOU LOOK ON GOOGLE MAPS. SO THAT GARAGE IS ON THE PROPERTY ON DELMAR. OKAY. AND WHERE WILL YOUR HOUSE BE NEXT TO THAT GARAGE? SO THERE'S A, I'M CONFUSED, A 12 FOOT ALLEY, THE, THIS LOCATION CAN STAFF, CAN YOU BRING UP GOOGLE MAPS PLEASE? YEAH. 'CAUSE I'M LOOKING AT GOOGLE MAPS THAT, THAT ALLEY, UH, LIKE I MENTIONED BEFORE, IT'S VERY HARD TO SEE. IT DOESN'T EVEN LOOK LIKE THERE'S AN ALLEY THERE RIGHT NOW, BUT THAT IS A 12 FOOT RIGHT OF WAY. SO THERE, THERE'D BE A 12 FOOT SEPARATION BETWEEN THAT PROPERTY AND WELL, THE FENCE FOR THAT PROPERTY. AND MY PROPERTY, BRAGMAN COMMISSIONER BRAGMAN. SO I'M LOOKING AT THE SITE PLAN AND, AND COMPARING IT TO GOOGLE EARTH. AND SO I THINK A DISTINCTION THAT NEEDS TO BE CALLED OUT IS THAT YOUR PROPERTY, WHERE YOU ARE INTENDING TO BUILD, UM, THE STRUCTURE IS ON THE INSIDE OF THAT WALKWAY. IS THAT CORRECT? YES, DEFINITELY. SO, SO THERE IS, SO THERE'S A WALKWAY, AND THEN HOW FAR FROM THE OTHER SIDE OF THE WALKWAY TO THE, THE CURB? OH, OVER 20 FEET. I HAD A TAPE MEASURE OUT THERE. IT'S 22 AND A HALF FEET STAND, PLEASE. FROM THE STREET TO THE END OF THE, THE EDGE OF THE SIDEWALK. OKAY. I'M GONNA INTERJECT HERE. I THINK THAT NEEDS TO BE, YEAH, SNAP. PLEASE BRING UP THE AERIAL BECAUSE IT REALLY, IT THE, THE SITE PLAN, IF YOU DON'T NOTICE THE FACT THAT THERE'S A WALKWAY IN FRONT AND THEN THAT 20 FEET, IT, IT REALLY APPEARS THAT YOU'RE RIGHT ON, ON THE, ON THE CURB. BUT THAT'S NOT THE CASE. NOT AT ALL. YOU'RE WELL SET BACK FROM THAT. SO AS FAR AS THE SETBACKS GO, THERE'S 22 AND A HALF FEET. WE WOULD ADD ANOTHER FOOT TO, UH, KEEP SEPARATION FROM THE SIDEWALK. UH, THE, WE ARE THE OWNERS OF THE PROPERTY ON THE LEFT AND RIGHT, AND THAT 12 FOOT ALLEY'S TO THE, THE REAR. SO WE'RE NOT ENCROACHING ON ANY OTHER PROPERTIES IF IT, IF, IF, UH, OR THE STREET. IF YOU COULD, UH, PLEASE, UH, LOOK AT STAFF HAS BROUGHT UP THE AERIAL AND THERE IS A, UH, PARKING FIELD WITH A COUPLE CARS PARKED IN IT. THAT IS THE LOT, UH, ON THE RIGHT. UH, THE LOT IN THE MIDDLE IS A GRASS AREA. AND THE REASON WHY THE SETBACK IS ITSELF SET FAR BACK IS IN THIS PART OF TOWN. SOME OF THESE STREETS ARE 75 FEET WIDE. THEY'RE HUGE. UM, YOU KNOW, THEY'RE, IF YOU LOOK AT THE PAVING, THEY'RE PAVED LIKE IT WAS A 50 OR 60 FOOT ROW, BUT THAT'S WHY THE SIDEWALKS ARE SO FAR SET BACK. YEAH. SO THEY JUST HIGHLIGHTED THAT IN BLUE. THAT'S ACTUALLY A 75 FOOT RIGHT OF AWAY. IT'S HUGE. AND THAT WAS SET OUT AND LAID OUT IN 1891, IF YOU COULD BELIEVE IT. THEY, BEFORE CARS, THEY MADE IT 75 FEET WIDE FOR SOME REASON. YEAH. FULL BUGGY WIDTH. EXACTLY. AND THERE'S THREE LOTS ON MY, UH, LESS THAN 2000 SQUARE FEET LOT. RIGHT. AND SO, AND YOU DIDN'T, YOU DIDN'T CONSIDER REPLANTING THIS, UH, OR PLANTING THIS INTO ONE LOT JUST TO AVOID ALL THIS? I DID. UM, I, I, I ABSOLUTELY DID. THE, THE PROBLEM IS IT'S A LONG, ARDUOUS PROCESS, UH, AND IT WOULD, UH, THE COST INCURRED WOULD BE 50% [01:45:01] OF WHAT, WHAT I PAID FOR THE LOT. SO, YEAH. OKAY. THANK YOU. ALRIGHT, ANY OTHER QUESTIONS? UH, CAN WE BRING UP, UH, UM, GO GOOGLE MAPS AGAIN? UH, THE LAST POINT I WANTED TO MAKE IS THERE'S NO DEFINED BLOCK FACE ON THE SOUTH SIDE OF ARANSAS HERE. THERE'S ONE OTHER, UH, PROPERTY. SO, UH, THE SETBACK IS NOT GONNA MAKE MY PROPERTY OR MY RESIDENCE, UM, YOU KNOW, STICK OUT FROM A LINE OF HOUSES. THAT WAS THE LAST POINT. MANNA COMMISSIONER MANNA. SO, SO, UM, WE'RE HAVING DIALOGUE HERE TO THE NUMBER OF STORIES. AND SO, SO BEING THAT IT IS A SINGLE ER, GUESS IT'S AN RMM RM LOT? YES. UM, IS THERE A, A MAXIMUM HEIGHT, UH, THAT'S ALLOWED OR PERMITTED? UM, FOR THIS PROPERTY THAT'S THE CITY. IT'S TWO AND A HALF FEET, 35 OR TWO AND A HALF STORIES, 35 FEET. AND ONE OF THE VARIANCES IS OBVIOUSLY FOR THE, UH, ADDITIONAL HALF STORY. SO, UM, BUT IT, BUT WE WILL NOT, IT, UH, IT'D STILL BE CAPPED AT THE 35 FEET, CORRECT? CORRECT. THANK YOU. THIS IS THE ELEVATION. SO YEAH, I COULD BUILD A, A TWO AND A HALF STORY HOUSE THAT'S 35 FEET. UM, BUT I CAN'T BUILD A THREE STORY HOUSE THAT'S LESS THAN 28 FEET HERE. HERE'S THE VIEW THAT I, UH, MENTIONED EARLIER. THE, UH, ELEVATION DIAGRAM WHERE YOU SEE THE STRUCTURE TO THE LEFT IS THE, UM, THE MULTIFAMILY DWELLING. UH, AND THEN BECAUSE OF THE GRADE THEN, UM, IF, IF YOU LOOK AT THE, THE UPPERMOST SET OF DOUBLE DASH LINES, UH, THAT WOULD BE THE ACTUAL, UM, THE ROOF. UH, AND YOU CAN USE A LASER POINTER. WHAT'S THAT? THE LASER POINTER. OH YEAH, I'M SORRY. AND YOU'RE NOT, YOU'RE NOT GONNA USE ROOFTOP ACCESS, ARE YOU? NO. OKAY. YEAH. SO, UH, YEAH, SO THAT WOULD ACTUALLY BE THE ROOF. UH, A PARAPET WAS INCLUDED HERE. THE ARCHITECT PUT WHERE 30 FEET WAS. UH, BUT YEAH, IF WE DIDN'T HAVE ANY KIND OF, UH, PARAPET AND NO ROOFTOP ACCESS, THEN IT WOULD BE RIGHT THERE, WHICH IS ACTUALLY BELOW THE LINE OF SIGHT FROM THE BUILDING OVER. AND THAT'S THE AGREEMENT I HAVE WITH THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. I'M NOT GONNA BUILD SOMETHING THAT IS IN VIOLATION OF THAT AGREEMENT. I DON'T KNOW WHAT KIND OF RECOURSE THEY WOULD HAVE IF I DID, BUT I'M STILL NOT GONNA DO IT. ALRIGHT. UH, ANY OTHER QUESTIONS? MANA COMMISSIONER? MANA. SO QUESTION FOR THE CITY. SO DIALOGUE, UM, FOR YOUR OPPOSITION WAS, UH, NO SPACE BETWEEN A PROPERTY LINE AND STRUCTURE. SO, SO THE STRUCTURE THAT YOU'RE SPEAKING OF ARE THE, THE ADJACENT PROPERTIES OR, SO I GUESS TRYING TO UNDERSTAND THAT OBJECTION. UH, SO OBVIOUSLY THIS IS JUST FOR THIS PORTION OF THE PROPERTY. UM, WHENEVER WE HAVE A SETBACK, ESPECIALLY FOR THE SIDE, UH, THE LEFT SIDE, IT BELONGS TO THEM RIGHT NOW, WHICH IS THE CASE THAT THEY'RE MAKING. OBVIOUSLY IN THE FUTURE THEY CAN SELL THAT SOMEBODY CAN BUILD A HOME THERE. UM, OBVIOUSLY THEY'D HAVE TO GO THROUGH THIS PROCESS ALSO. UM, AND THEN JUST GENERALLY IN THE REAR, THEY'LL BE RIGHT UP ON THE ALLEY. UM, SO WHENEVER THERE'S A EXTREME REDU REDUCTION OF THESE SETBACKS, THAT'S USUALLY OUR, UH, POSITION. SO BECAUSE THEY'RE SO CLOSE BACK, WILL THAT CHANGE OR ALTER THE REQUIREMENTS FOR BUILDING COMPONENTS? UM, FOR, FOR THIS FACILITY? SAY THAT ONE. I'M SORRY, SAY THAT ONE MORE TIME. SO WILL IT ALTER, UM, FIRE CODE RATINGS OR ANYTHING LIKE THAT WITH REGARDS TO THE BUILDING? I BELIEVE SO, BUT THAT'S SOMETHING THAT THEY WOULD HAVE TO GO THROUGH WHEN THEY START THE BUILDING PROCESS. THANK YOU. UH, IT'S STILL GONNA BE WIDE OPEN WITH PLENTY OF SPACE AROUND IT, AND THAT ALLEY IS NOT A FUNCTIONING ALLEY AND THERE'S STILL THE 22 AND A HALF FEET IN FRONT. UH, ANY OTHER QUESTIONS? UH, HEARING NONE, UH, YES. COM UH, COMMISSIONER BROWN, I HAVE A QUESTION. I DON'T KNOW IF THIS IS APPROPRIATE OR NOT, BUT MOST OF THE HOUSES IN THAT AREA A-FRAMES MM-HMM. . SO WHY ARE YOU BUILDING A BOX? UH, THE, MY NEIGHBOR IS A BOX, THE MULTI-FAMILY RESIDENCE NEXT TO ME IS A BOX. UH, AND THERE'S OTHER BOXES I POINTED OUT ONE WITH THE LASER EARLIER AND ONE OF THE AERIAL VIEWS. SO THERE'S, THERE'S BOXES AROUND THERE. UH, IT, IT, IT'S NOT GONNA BE A BOX BOX, IT'S GONNA BE A, UM, STILL TRIANGULAR IN SHAPE BECAUSE THE, UM, WELL, WHAT IS THAT TRAPEZOID? UM, BUT WE HAVE HIRED ARCHITECTS TO, UH, ADD, UM, POTENTIALLY, AND WE DON'T WANT, WE DON'T WANT A BOX. WE DIDN'T WANT A BOX WHEN WE STARTED OUT WITH THIS. UH, SO WE ARE GONNA TRY TO ADD LINES AND THINGS THAT MAKE IT, UM, A APPEAR LESS BOX LINE. OKAY. ANY OTHER QUESTIONS? WELL, COMMISSIONER MINKA, I JUST HAVE ONE QUESTION. WE HAVEN'T TALKED ABOUT ANY KIND OF A BUFFER TREES, ANYTHING LIKE THAT. UM, SO ARE YOU ASKING AM I GONNA PLANT TREES? UM, ABSOLUTELY. YEAH. YEAH. I WANT SOME, UH, SOME COVER, SOME SHADE. LOWER MY ENERGY BILLS. YEAH. OKAY. ALL RIGHT. ANYONE ELSE? THIS ONE [01:50:01] HERE? YES. COMMISSIONER ZUNIGA. SARAH, YOU DON'T HAVE A SURVEY, DO YOU? I DO. DO YOU HAVE A SURVEY? YEAH. CAN YOU PUT IT, IT'S THE GREEN, THE SURVEY DOESN'T ILLUSTRATE THE WHOLE PARKING LOT. IT ONLY, UH, SHOWS THE, THE LEFT SIDE, THE LEFT DRIVE, OR THE WESTERN MOST DRIVE OF IT. YOU SAID, YOU SAID YOU WERE GOING TO BE, UH, BUILT ON PROPERTY LINES THAT ARE, BECAUSE THEY'RE SEAL LOTS, AND THAT'S WHAT YOU'RE SAYING. RIGHT. SO, UM, THIS LOT, 10, 11, 12, THE STRUCTURE WOULD BE BUILT ON LOT 11. UH, AND THIS IS ONE PARCEL. SO THE, ALL THE CITY HAS IT LISTED OR, UH, BEAR, UH, CAT HAS IT LISTED AT 2,250 SQUARE FEET. BUT IF YOU TAKE THE DIMENSIONS OF IT, IT'S ACTUALLY 1,793 SQUARE FEET. AND WITHIN THAT 173, UH, 1,793 SQUARE FEET ARE LOTS, 10, 11, AND 12. SO YES, UH, I WOULD BUILD THE STRUCTURE ON LOT 11. I OWN LOT 12 AND LOT 10. UM, I DON'T SEE ANY, I, I, I UNDERSTAND, UH, UM, THE STAFF'S CONCERN WITH POTENTIALLY SELLING LATER. I DON'T SEE HOW I COULD SELL, UH, A, A LOT THAT SMALL, UM, TO ANYBODY THAT WOULD BE ABLE TO DO ANYTHING WITH IT. THIS LOT SET ON THE MARKET FOR OVER A YEAR AT A A S SIGNIFICANTLY REDUCED PRICE FROM, UM, WHAT IT WAS APPRAISED AT, UH, AND WHAT I BOUGHT IT, I THOUGHT, WELL, I'M KIND OF ROLLING THE DICE HERE, LET'S SEE WHAT HAPPENS. UH, AND HERE WE ARE TODAY, BUT I CAN'T IMAGINE ANYBODY BUYING ONE OF THE OTHER LOTS AND EXPECTING TO, UM, BE ABLE TO BUILD ON IT. SO I THINK IT'S SAFE TO SAY THAT IT'S LIKELY, UH, THAT NOBODY'S EVER GONNA BUILD, TRY TO BUILD A HOUSE ON LOT 10 OR 12. OKAY. SO YOU'RE NOT GOING TO REPL IT EVEN THOUGH YOU SAY YOU'RE GOING TO BUILD OR PUT A COURT PORT ON ONE OF YOUR OTHER LOTS THAT IS ADJACENT TO THAT, UH, CARPORT OR, OR IS THAT WHAT YOU'RE ASKING? PARKING? YEAH. UH, THE PARKING WOULD BE ON THE FIRST FLOOR, THE, THE FIRST LEVEL. SO, UH, I HAVE IT ALL, UM, DOCUMENTED OUT LIKE WHAT THE INTERIOR LIVABLE AREA AND EVERYTHING IS E ESSENTIALLY WITH THREE STORIES THAT EQUATES TO A SHADE UNDER 1200 SQUARE FEET OF LIVABLE SPACE, UH, WHEN YOU EXCLUDE THE EXTERIOR WALLS, UH, WITH A OVER 20 FOOT, LONG BY 10 FEET WIDE CARPORT. DO YOU HAVE A RENDERING? WHAT THAT THREE FLOORS? NO, I, NO, I DON'T. WELL, I DO HAVE SOMETHING BECAUSE I, I DID IT AND THIS WAS A, YOU SAY YOU GOT A, A FLAT, THIS IS WHAT I WANTED TO GIVE OR WHAT I HAVE GIVEN TO THE ARCHITECTS TO, UH, UM, TO START MULLING OVER. BUT IT'S JUST WHAT I CAME UP WITH. THEY HAVEN'T FINISHED ON A RENDERING. AND THIS IS MADE IN, UH, MICROSOFT PAINT. DOES IT SHOW THE, UH, THE PLANT ROOF? UH, THAT WAS, UH, I HAD ONE EARLIER. WE CAN PUT THE ELEVATION DIAGRAM BACK ON AFTER THIS. UH, BUT THIS IS KIND OF HOW I ENVISION USING THE SPACE. YEAH, THE PLANT. SO YOU'RE GONNA HAVE A CARPORT ON THE FIRST FLOOR AND THEN FULL LIVING ON SUIT TWO AND THREE? YES. OKAY. WITH A SPARE BEDROOM ON THE FIRST FLOOR. WELL, AND WHAT WAS IT, UTILITIES AND STORAGE. WHAT WAS THE SQUARE FOOTAGE OF, OF THE LOT YOU'RE BUILDING ON? YOU HAD MENTIONED A DIFFERENT NUMBER THAN WHAT'S WHAT I'M SEEING THE LOT, THE MIDDLE LOT IS ABOUT 500 SQUARE FEET. 500 TOTAL? YEAH, A LITTLE OVER 500. SO THIS WAS ADVERTISED FOR A 1,750 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT. LOT SIZE TO ALLOW A LOT OF 2,250 IS LOT 11 2,250. I THINK THEY INCORPORATE THE WHOLE PARCEL. THEY CAN'T, CAN'T DO THAT. IF YOU'RE IF YOU'RE NOT GONNA REPL IT, YOU'VE GOT, THEY'RE, THEY'RE TREATED AS INDIVIDUAL LOTS. MM-HMM. . NOW YOU COULD STILL GET A C O D. THAT'S THE, THAT WHAT I WAS ASKING MR. CHAIRMAN, IS THERE A FOOTPRINT THAT YOU'RE GOING TO USE OTHER LOTS FOR FOOTAGE ON SOME MEETS AND BOUND DESCRIPTION OF THE, IF, IF HE'S, WHAT HE'S SAYING IS A LOT IS SO FAR OFF FROM 4,000, THAT ITEM NUMBER ONE COULDN'T EVEN BE CONSIDERED BY US. YEAH. WE WOULD ONLY LOOK AT THAT VARIANCE IF YOU WERE ACTUALLY COMING FORTH WITH ONE LOT OF ONE SIZE. YOU CAN'T JUST ADD ALL THREE. AND MANNA COMMISSIONER MANNA, UM, DO WE HAVE THE ABILITY TO PUT A LIMIT FOR THE HEIGHT OF THE FACILITY? 'CAUSE RIGHT NOW IT'S BY, BY U D C IS 35 FEET. HE SAID HE DOESN'T NEED 35 FEET. SO CAN WE PUT A MAX HEIGHT OF LEVEL? WELL HE'S, HE'S R FOUR, RIGHT? YES. THE MAX HEIGHT IS 35 FEET. RIGHT. BUT HE SAID HE DIDN'T NEED THE 35 FEET. AND SO WELL IF, IF THE MAX HEIGHT'S 35 FEET, THEN WHY IS HE HERE? BECAUSE IT'S TWO AND A HALF STORIES. IT'S [01:55:01] SAID TWO AND A HALF STORIES. OH YEAH. IT'S TWO AND A HALF STORIES. SO HE'S DOING THREE STORIES. RIGHT. BUT, BUT HE SAID THAT HE DID NEED THE FULL 35 FEET AND SO, SO AS TO KEEP CONSISTENT WITH THE REST OF THE COMMUNITY IN THE HEIGHT. THAT'S HE TALKED ABOUT IS DO WE HAVE THE ABILITY TO SET A MAXIMUM HEIGHT LEGAL IN REGARDS TO THE ROOF? HE, HE CAN, YES. BECAUSE THIS IS ABOUT THE TWO AND A HALF STORIES. OKAY. HE DOES BY RIGHT. HAVE THE 35 FEET IF, UH, BECAUSE OF THE CODE, BUT BECAUSE HE'S HAVING TO REQUEST A VARIANCE. 'CAUSE HE WANTS TO GO THREE FEET. HE, YOU CAN SPECIFY HOW MANY TOTAL FEET. SO IF YOU WANT THAT TO BE 28 OR 29. YES. BECAUSE I THOUGHT IS ARM FOUR LISTED AS TWO AND A HALF STORIES, OR 35 FEET, OR TWO AND A HALF STORIES AND 35 FEET? IT'S JUST 35 FEET. AND, AND THE REASON WHY THEY HAD THE TWO AND A HALF FEET INSTEAD OF THE THREE FOOT NORMALLY FOR THE RM FOUR IS BECAUSE THE, UH, SINGLE FAMILY IN THE AREA ADJACENT TO. OKAY. I COULDN'T, I, FOR SOME REASON I THOUGHT IT WAS DIFFERENT. IT WASN'T LIKE SINGLE FAMILY IS IS, OR, BUT I THOUGHT RM WAS, AND THEY USE THE WORD AND, BUT, AND, UM, MERKO AND I WERE DISCUSSING IT, BUT ALL OF THE LOTS WERE ACTUALLY NOTICED AS PART OF THE REQUEST. SO THOSE WERE ALL INCLUDED JUST TO CLARIFY THAT. YEAH. BUT WHAT, WHAT I'M, WHAT I'M GETTING AT IS HE'S, HE HAS THREE LOTS NOT, AND, AND COLLECTIVELY IT'S 1750, BUT IT'S NOT, WE'RE NOT, WE'RE NOT ALLOWING A LOT SIZE OF 2250. WHAT WE'RE ALLOWING, HE'S ASKING FOR A LOT SIZE OF 2250 AND NONE OF HIS LOTS ARE ANYWHERE NEAR THAT. SO I MEAN, WE, WE CAN'T, WE, ITEM NUMBER ONE CAN'T BE ENTERTAINED TODAY BECAUSE HE'S, BECAUSE HE'S NOT PLATTING THIS AS ONE LOT HAVE, HAVE, HAVE YOU GOTTEN A C O D? BECAUSE IF YOU'RE NOT ELIGIBLE FOR A C O D, THEN HE'S ELIGIBLE. OH, HE'S ELIGIBLE. YEAH. OKAY. YEAH, THIS WAS, THIS WAS ACTUALLY PLATTED IN THE DEEDED RECORDS. UH, IT'S VOLUME 72, PAGE 50 I BELIEVE. OKAY. AND THEY PLOTTED LIKE A THOUSAND LOTS IN THIS AREA. I'M WORKING ON A PROJECT ON VERIFY ON PORTER. SO I KNOW ALL OF WE'RE VERIFYING THE SQUARE FOOTAGE AND MAN, SO IF WE SET IT FOR MORE RESTRICTIVE THEN WE SAID THE MAXIMUM, WOULDN'T THAT SUFFICE WITH REGARDS TO, WELL, WHAT MY CONCERN WAS IS THAT, IS THAT IF THE RM FOUR DISTRICT SAYS TWO AND A HALF STORIES OR 35 FEET AND HE'S SAYING, WELL, I'M LESS THAN 35 FEET, BUT I'M TRYING TO BREAK THREE STORIES, I, I JUST WANTED TO MAKE SURE THAT IF THERE'S, IF THAT CONDITION WAS SEPARATED IN THE CODE AND NOT LINKED TOGETHER LIKE USING THE WORD. AND SO I JUST WANTED TO MAKE SURE THAT WE HAD THE ABILITY TO DO THAT. AND STAFF IS SAYING WE DO SO. WELL, I'M ACTUALLY TRYING TO ADDRESS YOUR, YOUR QUESTION WITH REGARDS TO THE SQUARE FOOTAGE. OH YEAH. THE SQUARE FOOTAGE, I MEAN IT'S NONE, ALL THREE LOTS INDIVIDUALLY ARE FAR LESS THAN 2000 SQUARE FOOT EACH. RIGHT. BUT HE'S, BUT THE REQUEST AS ADVERTISED WAS, UM, A LOT THAT WOULD ONLY, YOU WOULD ONLY DO THAT IF YOU WERE PLATTING IT AS ONE LOT. 'CAUSE THEN IT WOULD COME UP. BUT RIGHT NOW HE'S NOT. SO ITEM ONE IS IT'S NOT EVEN ENTERTAINABLE IN MY OPINION. YEAH, SO YOU'RE, YOU'RE CORRECT. 'CAUSE YOU CAN'T, YOU WOULDN'T NEED THE SIDE VARIANCE IF THERE WHOLE ONE LOT. UM, SO YES, ITEM NUMBER ONE, UH, CANNOT BE ENTERTAINED EVEN THOUGH I BELIEVE HE CAN GET IT IF HE GETS THE UH, C O D APPROVED LATER ON. YEAH. SO ITEM DON'T, WHOEVER THE MOTION DON'T READ ITEM ONE. IF, IF THE LANGUAGE HAD READ, UM, THE VARIANCE IS WHATEVER, UH, WELL THE, THE PROBLEM IS 3,500. UH, UH, YEAH. IT, IT'S, IT'S HOW IT'S ADVERTISED. YEAH. SO IF, IF YOU WANTED TO COME SAY I WANT LOT 10 AND IT'S ONLY 500 SQUARE FEET, YOU'D ASK FOR A 3,500 SQUARE FOOT VARIANCE. WE CAN ONLY GO UP. WE CAN'T GO DOWN. MM-HMM. . SO BECAUSE YOU ASKED FOR A 1750 FOOT VARIANCE, ANYTHING MORE THAN THAT, WE CAN'T ENTERTAIN. OKAY. YOU COULD COME BACK AND ASK FOR A RE A DIFFERENT NUMBER, BUT BECAUSE IT WAS AN ADVERTISED, WE CAN'T ENTERTAIN IT TODAY. OKAY. SO IS THAT LIKE AN EXTENSION WHERE I GO AND DO THIS WITH THE WELL, YOU DON'T NEED IT BECAUSE THE LOT VARIANCE YOU, YOU WOULD ONLY DO THAT IS IF, IF, IF YOU WANTED TO LIKE UNIFY THE CROWN, LIKE TO MAKE A COMPLETELY CLEAN TITLE. BUT IN YOUR CASE, YOUR PLATT, UH, IS A, IS A LEGAL RECORDED INSTRUMENT IN THE, IN THE DEEDED RECORDS YOU CAN APPLY FOR A C O D MM-HMM. AND JUST THE, AND THAT'S WHAT YOU WOULD NEED TO GET AS YOU MOVE FORWARD THROUGH THE PERMITTING PROCESS. RIGHT. I, I INTEND ON GETTING A C O D I WAS TOLD THAT THE VARIANCE PROCESS WOULD COME FIRST IF YOU NO, IF YOU HAD A VARIANCE AND THAT'S EVEN BETTER. BUT YOU DON'T NEED ONE. RIGHT. I ACTUALLY, UH, UH, STARTED THE C O D PROCESS, WAS TOLD THE C O D U PROCESS WAS FIRST AND THEN THE UH, PERSON THAT I COMMUNICATED WITH EMAIL WAS LIKE, NO, YOU NEED TO GET THE VARIANCE BEFORE. WELL DON'T NEED ONE. YOU DON'T ONE, YOU WOULD ONLY NEED ONE IF YOU'RE ATTEMPTING TO PLAT A LOT IN A ZONING DISTRICT THAT DIDN'T MEET THE LOT SIZE, YOU'RE NOT PLATTING A LOT. RIGHT. WHOLE POINT OF THE C O D IS THAT YOU'RE NOT PLATTING IT. RIGHT. EXACTLY. SO YOU DON'T, SO THE VARIANCE IS NICE TO HAVE 'CAUSE YOU'RE HERE ANYWAY. MM-HMM. , BUT YOU DON'T NEED IT. OKAY. SO I'M SPENDING TOO MUCH TIME TALKING. SO I I, BUT I, I STILL HAVE TO [02:00:01] HAVE IT FOR THE SETBACKS. YOU YES. WE'RE HERE FOR THE SETBACK. SO LET'S, SO AND THEN IF I CAN GET THAT APPROVED, THEN I CAN GET THE CD. DOESN'T MATTER. WELL, WE'RE, WE'RE TALKING ABOUT THAT NOW. IS THERE ANY OTHER QUESTIONS? 'CAUSE I'M, THIS SEEMS TO BE GOING ON AND ON AND ON CONTINUOUS. SO WE COULD DO THE, WE NEED THE VARIANCE. YEAH. ALL HE NEEDS IS THE VARIANCE. JUST, JUST TO UH, SUMMARIZE, UH, IF, IF YOU DO APPROVE, I, I KNOW YOU HAVEN'T, UM, TAKEN A ROLL CALL YET, THEN UH, YOU'RE NOT GONNA ADDRESS ISSUE ONE, YOU'RE NOT ADDRESS, YOU'RE GONNA ADDRESS THE OTHER ISSUES AND THEN, UH, I CAN PROCEED TO THE C O D. YOU CAN PROCEED WITH THE C O D RIGHT NOW. YOU DON'T EVEN NEED TO COME HERE TO PROCEED WITH THE C O D. YOU CAN JUST ASK FOR THAT RIGHT NOW. RIGHT. COULD HAVE DONE THAT. BUT I WOULD STILL NEED THE, UM, THE UH, VARIANCE FOR THE SETBACKS TO PURSUE A BUILDING PERMIT. YES. OKAY. SO, SO OKAY HERE, SO WE ARE AT ITEM FIVE. WHOEVER WOULD LIKE TO READ A MOTION FOR ITEM FIVE. THERE'S MAN UND. YEAH, JUST COMMISSIONER MANN. AND UH, UH, WE CAN LET BRAGMAN DO IT IF SHE WANTS TO DO, HEY COMMISSIONER BRAGMAN. SO ITEM NUMBER ONE IS EXCLUDED AND WITH ITEM NUMBER FIVE, UH, THERE'S, THERE WAS SPEAK OF INCLUDING WHAT, A 30 FOOT LIMIT ON THE HEIGHT. SURE. ON THE TWO AND A HALF STORIES. ALRIGHT, THANK YOU. OKAY. REGARDING CASE NUMBER BO A DASH 23 DASH 0 3 0 5 5, I MOVE THE BOARD OF ADJUSTMENT GRANT. ONE, UH, NINE FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW ONE FOOT FRONT SETBACK. TWO A FOUR FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK TO ALLOW A STRUCTURE TO BE ON THE PROPERTY LINE WITH A SIX FOOT CREDIT FROM THE ALLEY THREE OF FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW A ONE INCH SIDE SETBACK ON THE EAST AND WEST PROPERTY LINES. AND FOUR A HALF STORY VARIANCE FROM THE MAXIMUM TWO AND A HALF STORY TO ALLOW A BUILDING WITH THREE STORIES NOT TO EXCEED 30 FEET SITUATED AT 7 2 6 ARANSAS AVENUE APPLICANT BEING JOHN MCFALL. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE REQUESTED SETBACKS, VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST AS THE REDUCED SETBACKS OF A SIDEWALK AND ALLEY AND ABUTTING PROPERTIES WILL BE REQUIRED, WILL BE REQUIRED. A SETBACK, THE SUBSTANDARD LOT AND ADDITIONAL HEIGHT VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST AS OTHER SUBSTANDARD LOTS ARE DEVELOPED IN THE AREA AND ADDITIONAL HEIGHT ARE ABUTTING AN ALLEY IN THE REAR TWO DUE DUE TO SPECIAL CONDITIONS. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT NOT HAVING THE ABILITY TO DEVELOP ON THE PROPERTY AND REDUCE THE DEVELOPMENT AREA OF THE LOT. THREE, BY GRANTING THE VARIANCE OF THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCES WILL BE IN THE SPIRIT OF THE ORDINANCE. AS LOT DEVELOPMENT STANDARDS ARE CREATED FOR RESPONSIBLE DEVELOPMENT IN WHICH THE APPLICANT'S SITE PLAN SHOWS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE VARIANCES WILL NOT INJURE THE ADJACENT PROPERTIES AS THEY'RE SEPARATED BY AN ALLEY AND DEVELOPED IN AN EXCESS DISTANCE OF THE SIDE PROPERTY LINE, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THERE IS THOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIZE OF THE LOT AND DEVELOPMENT AREA. SO CIRCUMSTANCES DO NOT APPEAR TO BE ME MERELY FINANCIAL AND OF MOTION. SECOND. SECOND BY COMMISSIONER MANOCK. COMMISSIONER BREGMAN. YEAH. SO I'LL BE A SUPPORT OF THIS MOTION. UH, ESPECIALLY, UH, WITH THE WIDTH OF THE STREET, THE, THE WIDTH OF THE, UH, DISTANCE BETWEEN THE CURB AND THE SIDEWALK. UH, THE FACT THAT YOU'VE GOT, UM, AGAIN, HARDLY ANYBODY WOULD BUY THE TWO LOTS ON THE EITHER SIDE BECAUSE THERE'S NOTHING REALLY THAT YOU COULD DO WITH THEM. UH, AND THE ALLEYWAY IN THE BACK. SO I THINK THAT THERE'S SUFFICIENT SPACE AROUND THE PROPERTY, UH, TO ALLOW FOR, UM, UH, FIRE, FIRE DISTANCE. AND YOU'LL PROBABLY HAVE TO HAVE FIRE RATED MATERIALS ANYWAY, SO I'LL BE IN SUPPORT OF THE MOTION. ALL RIGHT. COMMISSIONER MANNA, I CONCUR. MY COLLEAGUE ALSO THAT BEING THAT WE HAVE DENVER HEIGHTS IN SUPPORT, UM, I'LL BE SUPPORTING THIS AS WELL. AND ALSO BECAUSE HE PUT THE MAX HEIGHT ON THIS, ON THE ROOF, SO IT'LL BE CONSISTENT [02:05:01] WITH REALLY THE REST OF THE COMMUNITY. SO I'LL BE IN SUPPORT. ALRIGHT, IS THERE ANY OTHER COMMISSIONERS' LIKE TO ADD TO THE CONVERSATION? ALRIGHT, THANK YOU VERY MUCH. LET'S HAVE A ROLL CALL. VOTE MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MS. BROWN. I CONCUR. MS. HAYES. I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA. THANKS MS. KAPLAN. I CONCUR. MR. CODDLE CONCUR. MR. UNA I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. CONGRATULATIONS. IF YOU HAVE ANY QUESTIONS YOU CAN GIVE. NO. THANK YOU ALL. HAVE A GREAT DAY. DOES ANYBODY NEED A BREAK OR CAN WE KEEP GOING? YES. OKAY, WE'RE GONNA DO A LITTLE SEVEN MINUTE BREAK. SEE YOU ALL. THREE 15. ALL RIGHT, IT'S, UH, THREE 18. WE'RE GONNA GET, UH, CALL IT BACK FROM BREAK. AND I THINK WE'RE ON ITEM SIX. ALL RIGHT. ITEM NUMBER SIX IS BO O A 23 1 0 3 0 0 0 77. LOCATED ON TWO 10 CRAVENS AVENUE. DISTRICT THREE. APPLICANT B M IS ELMAN. THE REQUEST FOR FOUR FOOT 11 VARIANCE FROM THE FI MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW STRUCTURE WITH A ONE FOOT FOUR INCH OVERHANG TO BE ONE INCH FROM THE SIDE PROPERTY LINE. NEXT SLIDE. SIDE PROPERTY LOCATED ALONG CRSS AVENUE JUST EAST OF I I H 37 SOUTH. BETWEEN THE INTERSECTIONS OF SOUTH VERS AND GOLIAD ROAD, THE APPLICANT REQUESTED FOR A ONE INCH, UH, SIDE SETBACK CARPORT IS BUILT AS THE EXTENSION OF THE HOME. IN LINE WITH THE EXISTING DWELLING STRUCTURE. THE APPLICANT CONSTRUCTED THE, UH, STRUCTURE WITHOUT A BUILDING PERMIT. NEXT SLIDE. THIS IS THE SITE PLAN. AND YOU SEE THE, UH, CARPORT IS JUST AN EXTENSION. OOPS. UM, ATTACHED EXTENSION OF THE BUILDING SUBJECT PROPERTY IN THE FRONT SETBACK AREA AND SURROUNDING AREA. YOU HAVE TO HIT GET ON THE INTERNET. THE SUBJECT, UH, STAFF RECOMMENDS IT DENIAL. AND BO O A 2 3 1 0 3 0 0 0 7 7. BASED ON THE FOLLOWING FINDING OF THE FACTS, THE STRUCTURE IS CURRENTLY WANTED FROM THE SIDE PROPERTY LINE, WHICH IS PROPERTY LINE, WHICH IS NOT OBSERVED, SPIRITED THE ORDINANCE BY PREVENTING SPACE FROM THE NEIGHBORING PROPERTY TO REDUCE SIDE SETBACK, INJURED NEIGHBOR PROPERTY, AND ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. SO WE RECEIVED, IT'S SUPPOSED TO BE A TWO IN FAVOR, UM, ZERO OPPOSED AND NO RESPONSE FROM THE HIGH HILL NEIGHBORHOOD ASSOCIATION. THERE'S TWO RESPONSES THAT WE RECEIVED IN FAVOR AND THAT CONCLUDES STAFF PRESENTATION. AND THE APPLICANT IS PRESENT, MS. MART. ALL RIGHT. AND SAID THE APPLICANT COME FORWARD. HI, GOOD AFTERNOON. MY NAME IS MARIA LEMAN. HI. UH, TELL US ABOUT YOUR CASE. UM, WELL, UM, WHEN WE, I MOVED INTO THE PROPERTY, UM, MY DAD, UM, KNOW ME OF THE PROPERTY. SO WE ARE DOING TWO EXTRA ROOMS IN THE BACK. MM-HMM. , UM, I WASN'T AWARE ABOUT, THIS IS THE FIRST TIME THAT I'M GOING THROUGH SOMETHING LIKE THIS, SO I WASN'T AWARE ABOUT ALL THE THINGS THAT I HAD TO, LIKE THE PERMANENT STUFF. BUT WHEN WE MOVED IN THE, AS THE CARPORT, IT WAS A GARAGE AND IT WAS ALREADY ALL COVERED. SO WE JUST, WHEN WE STARTED BUILDING IN THE BACK, WE JUST WENT WITH THE SAME, WITH THE LINE OF THE WALL. OKAY. SO LET'S SEE IF THERE'S ANY QUESTIONS OR PUBLIC COMMENT. IS THERE ANY PUBLIC COMMENT FOR THIS CASE? NO PUBLIC COMMENT. ALL. IS THERE ANY COMMISSIONER QUESTIONS? UM, COMMISSIONER KAPLAN, YOU SAID YOU BUILT ON THE BACK TOO. DID YOU GET A PERMIT FOR THAT? NO, I WASN'T AWARE THAT I HAD TO ASK FOR THAT. OKAY. SO THE BACK IS ALSO ONE INCH FROM THE PROPERTY LINE? UH, IT'S, IT'S LIKE IT'S DIRECT. WELL, FIRST WHEN I, WHEN I GOT THE, THE NOTICE ON MY DOOR, IT WAS FOR NO PERMANENT. AND THEN SO THEY WENT TO GO AND INSPECT, UM, DO THE INSPECTION AND I DIDN'T, I WASN'T AWARE THAT I HAD TO LEAVE FIVE FEET FROM THE WALL OF THAT WE BUILDING TO THE GATE, TO THE FENCE. UM, BUT LIKE I SAID, THE GARAGE, UM, WAS ALREADY COVERED. THAT'S A GARAGE, BUT THEY MILLED IT INTO A, THEY COVERED IT TO MAKE IT INTO A BEDROOM. SO WHEN WE STARTED BUILDING IN THE BACK, THAT'S, WE JUST FOLLOWED THE LINES OF THE WALL STAFF. IS THIS A ZERO LOT LINE SUBDIVISION? WE DID NOT FIND THAT IN THE PLA, SO. [02:10:01] OKAY. UM, ALRIGHT. ANY OTHER QUESTIONS, COMMISSIONER? SO, UM, SO I'D LOOK AT IT ON GOOGLE AND IT, IT LOOKS LIKE THE ADDITION, UM, IS A LITTLE BIT EXTENDED OVER INTO, OR THE NEW ADDITION OF THE CARPORT IS EXTENDED PAST THE ROOF LINE. IT'S HARD TO TELL BY THE PICTURE, BUT IT LOOKS LIKE BY A FEW INCHES. SO, SO YOU'RE SAYING THAT IT'S ALIGNED WITH THE EXISTING ROOF OR IS IT JUST A LITTLE BIT OFFSET? I REALLY DON'T KNOW BECAUSE OUR, THE PROBLEM, THE ONLY A PROBLEM WAS BECAUSE THE EXTENSION WE'RE DOING IN THE BACK. UM, BUT NOW IT'S A PROBLEM WITH THE ROOF. BUT THE ROOF THEY DID, WHEN THEY FIXED THE ROOF, IT WAS LIKE ABOUT TWO YEARS AGO. SO WE EXTENDED THE CARPORT, BUT I DIDN'T KNOW THAT THAT WAS AN ISSUE NOW 'CAUSE I'M JUST HERE FOR THE EXTENSION THAT WE'RE DOING IN THE BACK. MINKA. COMMISSIONER MINKA A QUESTION FOR STAFF. UH, SO WHAT'S THE STATUS OF THE REAR BEING BUILT WITHOUT A MENT? UM, SO THIS IS FOR A, THE SIDE PROPERTY LINE. SO IF IT'S IN LINE WITH, WITH IT, UM, IT WOULD STILL BE COVERED BY THIS VARIANCE IF APPROVED. NO, NO, I'M ASKING THE REAR THAT WAS BUILT. SO THE ADDITION TO THE BACK, IT IT, 'CAUSE I'M LOOKING AT A SITE CALLED A SITE PLAN. I SEE A PICTURE, I DON'T SEE NO PLAN. SO WHAT IS THAT STATUS ON THAT? GIMME ONE SECOND. AND I DO HAVE A FOLLOW UP QUESTION AFTER THAT. SO ASK A QUESTION WHILE, YEAH, WHILE WE'RE WAITING FOR THAT. UH, COMMISSIONER ZU, IF YOU'D LIKE TO SNEAK A QUESTION IN. ARE YOU REFERRING TO THE PATIO AREA? NO. UH OH. NO. EXCUSE ME. I'M SORRY. THERE WERE ADDITIONS IN THE BACK. SO THE BACK MEANS THEY, THEY HAD ELECTRICAL, THEY HAD WHATEVER ELSE GOING ON BACK THERE. WHAT IS THE STATUS OF BILL WITHOUT A PERMIT FOR THOSE ADDITIONS IN THE BACK? IS, IS THAT AN ISSUE? UH, IF IT'S AN ISSUE, THAT'S NOTHING THAT SHE, THAT'S BEING PRESENTED HERE. UM, I'M NOT AWARE OF ANY ISSUES THAT SHE HAD IN THE REAR OF THE PROPERTY. SO TODAY WE'RE ONLY HERE ABOUT YOUR CARPORT, CORRECT? CORRECT. SO WE, THAT'S ALL WE'RE HERE TO, TO TALK ABOUT IS, IS THE, THE CARPORT SOONER. YOU GOT COMMISSIONER, HOLD, HOLD ON. COMMISSIONER ZUNA STILL GOT THE FLOOR AND YOU STILL OPEN? OKAY, COMMISSIONER, I JUST, UM, GAVE THEM MY HUSBAND'S CELL PHONE AND IT'S THE IMAGE OF THE ROOM SET WE'RE BUILDING IN THE BACK. SO THAT'S, WELL, WE CAN'T ENTERTAIN. THE APPLICATION WAS FOR A STRUCTURE TO BE CONSTRUCTED WITHIN SO MANY, UH, FEET OF THE SIDE PROPERTY LINE. AND THE, DID THE APPLICANT, UH, DELINEATE THAT IT WAS FOR A CARPORT OR FOR SOMETHING IN THE REAR? UH, THIS WAS FOR THE CARPORT IN THE FRONT. UM, HOWEVER, THE, THIS IS A SIDE SETBACK, SO IF THERE IS SOMETHING BUILT IN ADDITION IN THE REAR, IT WOULD STILL BE COVERED BY THIS VARIANCE BECAUSE IT'S JUST THE SIDE SETBACK. OKAY. THAT'S WHAT I WAS CONCERNED ABOUT BECAUSE WHEN IT SAYS A STRUCTURE TO ME IT MEANS SOMETHING SEPARATE FROM THE MAIN STRUCTURE, LIKE A CARPORT. IF SHE'S DOING AN ATTACHED, IF SHE'S DOING AN EXPANSION TO THE HOME, WOULD THAT STILL BE COVERED? IF IT WOULD A, IF IT WAS ADVERTISED FOR A STRUCTURE. RIGHT. IF, IF SHE'S DOING A, AN ADDITION TO THE REAR, UM, IT WOULD BE COVERED BY THIS VARIANCE IF APPROVED. OKAY. SO THEN WE ARE ALLOWED TO ENTERTAIN WHAT SHE'S ASKING FOR. BUT DO YOU HAVE ANYTHING OTHER THAN PICTURES? DO YOU HAVE ANY SORT OF SITE LAYOUTS, A SURVEY, SOMETHING THAT SHOWS EXACTLY WHAT YOU'RE TRYING TO, TO, TO DO HERE? NO. OKAY. SO DO YOU HAPPEN TO HAVE A SITE PLAN SOMEWHERE FROM MY PROPERTY? MM-HMM. , I JUST HAVE WHAT WE HAVE, WHAT I HAVE FROM THE PAPERWORK WHEN MY PARENTS BOUGHT THE HOUSE. OKAY. DO YOU HAVE THAT WITH YOU? YES. YOU GO RIGHT . GREAT. I DO HAVE A QUESTION FOR STAFF WITH REGARDS TO THE, UH, VARIANCE THAT WE'RE LOOKING FOR. IS THIS FROM THE WALL OR FROM THE ROOF LINE? AS FAR AS THE ONE INCH? THE ROOF LINE. WELL, ANY, ANYTHING THAT IS PROTRUDING. IT COULD BE A WINDOW SILL ROOF LINE BECAUSE IT'S INSIDE THAT THREE FEET. ONCE YOU'RE BELOW THREE FEET, YOU CAN'T COUNT ON IT. YES. I JUST WAS REMINDING EVERYBODY, OH, I'M SORRY. I THOUGHT YOU WERE ASKING . OKAY, SO LET'S, UH, SEE WHAT WE GOT HERE. AND THIS IS A, UM, ZOOM OUT A LITTLE BIT ON THAT SCREEN. OKAY. SO THIS IS, THIS IS FOR A TITLE SURVEY ADDING WHAT YOU'RE DOING IN THE REAR, CORRECT? YES. IN THE BACK FOR PURPOSES OF LIKE A BANK OR SOMETHING? NO, WE'RE DOING IT FOR THE, THE BEDROOMS FOR OUR CHILDREN. WE HAVE TWO KIDS. NO, I'M JUST WONDERING WHY YOU GOT THAT. OH, OKAY. SORRY. SO THIS, THIS SURVEY IS, IS SHOWING, UM, [02:15:05] IT IS SHOWING THAT YOUR EXISTING HOME IS 12 FOOT, ONE OFF ONE SIDE AND 15 FOUR OFF THE OTHER. MM-HMM. . SO ARE YOU, ARE YOU BUILDING, ARE YOU ATTEMPTING TO BUILD SOMETHING THAT GOES, IF IT'S IN LINE WITH THE SIDE OF THE HOME? HOW, HOW IS THAT, HOW IS THIS AN ISSUE? UH, THE PICTURE THAT I SHOWED THE GENTLEMAN FROM ON MY HUSBAND'S CELL PHONE, THAT'S THE ATTACHMENT THAT WE'RE DOING IN THE BACK. BUT LIKE I SAID, UM, BUT IS IT IN LINE WITH THE CURRENT SIDE OF YOUR HOME? YES. OKAY. WELL THIS SURVEY IS SHOWING THAT FROM THE SIDE OF YOUR HOME TO THE PROPERTY LINE, IT'S 12.1 FEET. YES. 'CAUSE UM, UM, THE ONES THAT ARE WORKING THE WORKINGS, THE ONES THAT ARE WORKING ON, ON THE, DOING THE ATTACHMENTS, IT'S MY HUSBAND AND A FRIEND, UM, THAT KNOW ABOUT THE WORK. BUT HE EXPLAINED TO ME THAT, 'CAUSE LIKE I SAID, WHEN I MOVED INTO THE PROPERTY, MY MOM, SHE COVERED, SHE WAS THE OWNER. SO SHE, SHE COVERED THE GARAGE TO MAKE IT A BEDROOM BECAUSE SHE NEEDED MORE SPACE. SO SHE DIDN'T LEAVE THE FIVE FEET THAT THEY'RE REQUESTING. WAIT, WHERE IS THE GARAGE AVAILABLE ON THIS? IT LOOKS LIKE THE HOUSE IS 12 FOOT ONE FEET FROM THE GARAGE. YES. AND THEN IT SAYS COVERED, THERE'S A COVERED THE COVERED DRIVEWAY CONCRETE DRIVE. IS THAT WAS WHAT, WHAT YOUR MOTHER FILLED IN TURNED INTO A GARAGE? YES. OH, YOUR MOTHER FILLED THAT IN? YES. AND SHE, SHE MADE IT, SHE MADE THE GARAGE INTO A BEDROOM BECAUSE SHE NEEDED MORE SPACE THAT WITHOUT A PERMIT. I GUESS SO. BUT WE, SHE NEVER GOT, I WASN'T AWARE IF SHE DID OR NOT. SHE PASSED AWAY ALREADY. YEAH. THE, THE, THE, THE SURVEY IS SHOWING THAT THAT COVERED PORTION OF THE DRIVE IS, WAS 0.4 FEET AWAY FROM THE SIDE PROPERTY LINE. YES. SO, WHICH COULD USUALLY MEAN THE WALL OR WHATEVER. IT MAY NOT NECESSARILY, IT DOESN'T REALLY DELINEATE. IT COULD BE TO A POST. IT COULD BE TO THE OVERHANG, THE, THE FURTHEST, MOST REMOTE POINT. WHO KNOWS? BUT, SO LIKE, UM, LIKE I AM, I DIDN'T KNOW, LIKE SHE, WE NEVER GOT A REPORT ABOUT IT, YOU KNOW. OKAY. OR WE NEVER GOT TICKET. WE DIDN'T KNOW. I'M, I'M GOING TO PUT A SUGGESTION OUT THERE FOR THIS COMMISSION. UM, WE KNOW ABOUT A CARPORT, WE DON'T HAVE A LOT OF DIMENSIONS AND THIS, THIS, UM, IF YOU'RE, IF YOU'RE, IF WE'RE TRYING TO INCLUDE WHAT'S GOING ON IN THE REAR AND YOU'RE, AND YOU'RE TRYING TO GET DOWN TO AN INCH, WE'D REALLY LIKE TO SEE SOME DIMENSIONS. WE'D REALLY LIKE TO KNOW MORE ABOUT WHAT IT IS EXACTLY. YOU'RE COMING FORTH AND I'M, I'M MORE WILLING. I'M, I'M TRYING TO, I'M, I'D LIKE TO SEE A MOTION FOR A CONTINUANCE JUST FOR MORE INFORMATION BECAUSE I, I JUST GOT THE P I JUST HAVE THE PAPERWORK. WHAT I, WHEN I CAME, WHEN I GOT THE NOTICE ON THE NOTE, IT WAS FOR NO PERMANENT. AND THEN WHEN I CAME, UM, THEY TOLD ME. SO THEY JUST MADE ME FILL OUT THESE PAPERWORKS AND IT FOR YEAH, I KNOW. BUT BUILDING WITHOUT PAYMENT, YOU'RE ASKING FOR AN EXTREME VARI PRETTY EXTREME VARIANCE. AND WE REALLY, REALLY NEED TO KNOW THE PARAMETERS. OKAY. SO I'M, I'M, I'M GONNA, I HAVE ONE MORE QUESTION ADD ON TOP OF THAT. YEAH. WE'RE GONNA STILL HAVE, SO, SO THE QUESTION, SO, SO I'M LOOKING IF I, ONE OF THE PICTURES SHOWS THE FRONT OF THE HOUSE AND IT SHOWS THE CARPORT EXTENDING OVER BY FOUR INCHES OR FIVE INCHES, UM, PAST. AND SO, SO THE MEASUREMENT THAT WE TOOK FOR, UH, THAT WE'RE SEEKING A VARIANCE FOR IS FROM THAT, FROM THAT CARPORT. CORRECT. AND SO THE HOUSE IS ACTUALLY FOUR INCHES IN. SO THERE IS ACTUALLY A FOUR OR FIVE INCH VARIANCE REQUIRED FOR THE REST OF THE HOUSE, RIGHT. IS SO COMMISSIONER ZUNA, DID YOU WANT TO ASK ANOTHER QUESTION AS WELL? SO MY QUESTIONS IN REGARDS TO KIND OF THE GUTTERS AND RAINFALL, WHERE DOES THAT WATER FLOW UP WHEN IT'S COMING OFF OF THE GARAGE? SO YEAH, I THINK I, I THINK I'D LIKE TO SEE A MOTION FOR CONTINUANCE PLEASE. AS SOMEONE LIKE TO MAKE ONE. I'M HOPING I MOVE FOR MAKE A MOTION. MOTION FOR CONTINUANCE QUESTION. YEAH, WE'RE GONNA HEAR A COUPLE MORE QUES. IS THERE ANY OTHER QUESTIONS? I DO. I HAVE ANOTHER QUESTION. COMMISSIONER Z. SO AS, SO AS YOU'RE GOING THROUGH THIS APPROVAL PROCESS AS WELL, ALL THE WORK THAT HAS BEEN DONE WITH THE HOUSE HAS TO BE PER THE BUILDING PERMITS, RIGHT? YES. SO IT HAS TO BE INSPECTED BY THE CITY. SO I DUNNO IF YOU'VE DRYWALLED OVER SOME OF THOSE WALLS, BUT THERE'S GONNA BE SOME YEAH. 'CAUSE THIS IS THE FIRST TIME THAT I'M GOING THROUGH SOMETHING LIKE THIS. SO NOW THAT I AM GOING LIKE MORE IN DETAILS INTO LIKE THE REGULATIONS AND IT'S FOR SAFETY, RIGHT? YES. WE WANNA MAKE SURE IF YOU HAVE ANY PLUMBING OR ELECTRICAL OR GAS THAT'S PART OF THE, THE, OF THE EXTINCTION. NO, IT'S JUST ELECTRICITY. FOR ELECTRICITY. ELECTRICITY. RIGHT. SO WE WANNA MAKE SURE THAT THAT'S UP TO CODE SO YOU'RE NOT, YOU KNOW, IMPACTING YOUR FAMILY AS THEY'RE LIVING FOR THE BEDROOMS AND THAT THE, THE, UM, ACCESS POINTS OF WINDOWS OR THE RIGHT SIZE SO THEY CAN EXIT. YES, I'M AWARE OF THAT. AND I AGREE WITH YOU. HOW MUCH TIME WOULD YOU NEED TO PUT TOGETHER TO GET OUT THERE WITH A MEASURING TAPE AND ACTUALLY DRAW UP SOMETHING OR GET A SURVEYOR, UH, TO, TO SHOW US EXACTLY WHAT IT IS YOU, EXACTLY WHAT IT IS YOU'RE ATTEMPTING TO DO HERE, SO THAT WE KNOW WHAT WE'RE, WHAT WE'RE TRYING TO CONSIDER. HOW MUCH TIME DO YOU NEED? MAYBE TWO OR THREE DAYS. OKAY. SO THE NEXT MEETING, DO WE HAVE TIME FOR, WHAT IS IT? JUNE? JUNE 5TH. JUNE 5TH. THREE DAYS. SO I'M LOOKING FOR A CONTINUANCE OF JUNE 5TH, MR. SO MOVED CONTINUANCE TILL JUNE 5TH. OKAY, SECOND. I HAVE QUESTION SECOND. OKAY, SO COMMISSIONER ZUNIGA, GO AHEAD. OKAY. YES. UH, IS THIS A SURVEY RIGHT HERE? THAT IS A SURVEY OF THE HOUSE WHEN IT WAS ORIGINALLY BUILT. IT IS NO LONGER VALID. OKAY. SO NOW HERE IN THE [02:20:01] CONVERTED, UH, CONCRETE DI DRIVE OR THE LIKES. YEAH, SHE TOOK THE COVER DRIVE, IT TURNED INTO A GARAGE AND THEN SHE ADDED A CARDBOARD AND SHE'S BUILDING SOMETHING BEHIND THE HOME. SHE NEEDS TO GIVE US SOMETHING. YEAH. MORE. SO, SO THAT'S WHAT, SO WE HAVE A CONTINUANCE ON THE TABLE. I MADE THE MOTION SECOND BY COMMISSIONER. WHO? SECOND. SECOND. COMMISSIONER KAPLAN. AND THEN, UM, UH, LET'S HAVE ROLL CALL. VOTE PLEASE TO JUNE 5TH. MS. KAPLAN. I CONCUR. MR. MENCHACA. I CONCUR. MS. BROWN. I CONCUR. MS. HAYES. I, MS. CRUZ I CONCUR. MR. ZUNIGA CONCUR. MR. MANNA I CONCUR. MR. CODDLE CONCUR. MS. BRAGMAN I CONCUR. MR. UNA? YES. I CONCUR. CHAIR ORIAN AND I CONCUR. MOTION PASSES 11 ZERO ON JUNE 5TH, AS MENTIONED BY COMMISSIONER ZUNA. WE JUST NEED ALL THE INFORMATION YOU GIVE US. WE WANT TO HEAR ABOUT HOW YOU'RE ACCOUNTING FOR DRAINAGE. WE WANT TO HEAR ABOUT HOW YOU'RE ACCOUNTING FOR CONSTRUCTION, YOUR PERMITTING STATUS. AND WE'D LIKE TO KNOW WHAT IT IS YOUR BUILDING. 'CAUSE YOU KNOW, WE, A ONE INCH VARIANCE REQUEST IS, IS, IS IS PRETTY, PRETTY SERIOUS. YES. SO, YOU KNOW, PLEASE GIVE US ALL THE INFORMATION WE HAVE SUPPORT THE NEIGHBOR LETTERS. OKAY. AND, YOU KNOW, ANY SUPPORT FROM THE NEIGHBORS WOULD BE IN YOUR BEST INTEREST AS WELL. SO DO I JUST GO ASK MY NEIGHBORS AND ASK THEM TO WRITE? I WOULD DEFINITELY, UH, THINK THAT'D BE A GREAT IDEA. OKAY. THANK YOU. THANK YOU. ALL RIGHT. NEXT CASE. ITEM SEVEN. GOOD AFTERNOON. AGENDA ITEM SEVEN, BO O 8 23 1 0 3 0 0 8 6. ADDRESS IS 5 5 1 8 VINHO STREET COUNCIL, DISTRICT SEVEN APPLICANT IS EMILY SANCHEZ. A REQUEST FOR ONE PARKING SPACE VARIANCE FROM THE MINIMUM TWO REQUIRED PARKING SPACES TO ALLOW A RESIDENTIAL DWELLING WITH AN ACCESSORY DWELLING OF ONE PARKING SPACE. ZONING IS R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG IVANHOE STREET, JUST SOUTH OF INGRAM ROAD. THE APPLICANT IS REQUESTING ONE PARKING SPACE FOR AN ACCESSING DWELLING. THERE IS CURRENTLY A BIRDING BUILDING PERMIT AND ADDITIONAL PARKING SPACE IS REQUIRED PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT. THE TRACKER TEAM HAS REVIEWED AND HAS NO OBJECTIONS TO THE ONE PARKING SPOT. THE APPLICANT HAS INDICATED THAT THE ACCESSORY DWELLING WILL BE 800 SQUARE FEET. AND STAFF HAS INFORMED THE APPLICANT THAT IF THE ACCESSORY DWELLING IS OVER 800 SQUARE FEET, A VARIANCE WILL BE REQUIRED. AND IF IT IS UNDER HIT A SQUARE FEET, THE REQUESTED VARIANCE WILL NOT BE REQUIRED. SITE PLAN. A SUBJECT PROPERTY, THE ALTERNATE VIEW, ACCESSORY DWELLING AND THE SURROUNDING AREAS. STAFF RECOMMENDATION AND PARKING SPACE VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 23 1 0 3 0 0 8 6. BASED ON THE FOLLOWING FINDINGS, THE GRANTING OF THE VARIANCE TO ALLOW ONE PARKING SPACE WILL NOT BE IN ACCORDANCE WITH THE PARKING REQUIREMENTS. AND TWO, THE VARIANCE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT NOTIFICATION PLAN. STAFF. NO DOUBT, 41 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION. GLABRA PARK NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND NO RESPONSE FROM THUNDER THUNDERBIRD HILLS ASSOCIATION NEIGHBORHOOD. THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. UH, QUICK QUESTION. THEY HAVE A GARAGE, CORRECT? AND THEY HAVE A DRIVEWAY THAT'S IN EXCESS OF 20 FEET. DOESN'T THAT COUNT AS TWO PARKING SPACES? NO, THEY, BECAUSE PART FOR THE ACCESSORY DOOR AND THEY NEED TO HAVE A PARKING SPACE, BUT IT NEEDS TO BE BEHIND THE, UH, THE, THE MAIN STRUCTURE. WELL, THIS IS, UM, WELL THIS ONE SAYS MINIMUM TWO REQUIRED SPACES, RIGHT? SO IS THIS, IS THIS A VARIANCE BECAUSE THE SPACE IS NOT IN THE FRONT? OR IS IT BECAUSE IT'S NOT TWO? I BELIEVE IT'S FOR THE, FOR THE SPACE. YOU'RE CORRECT. SO, SO THAT GOES BACK TO MY QUESTION IS, YOU KNOW, THEY'VE GOT A, A DRIVEWAY IN EXCESS OF 20 FEET IN A GARAGE. DOESN'T THAT COUNT AS TWO? I CAN'T, WAS THIS, IS THIS THE ONE FOR THE ACCESSORY DWELLING UNIT? MM-HMM. ? YES. YEAH, THEY'RE REQUIRED TO HAVE AN ADDITIONAL SPACE. SO THEY NEED THREE FOR THE ACCESSORY DWELLING UNIT. WELL, THEY HAVE TWO NOW. THEY HAVE A GARAGE AND THEY HAVE A DRIVEWAY IN EXCESS OF 20 FEET. SO WHAT AM I MISSING? I DON'T KNOW. I'M NOT SURE. WE'D HAVE TO VERIFY. BUT WHEN WE WENT OUT THERE, IT LOOKED LIKE THE, THE GARAGE WAS NOT, YOU COULD NOT, HE CANNOT USE THE GARAGE FOR PARKING. I COULD. WE CAN'T VERIFY THAT. OKAY. WE'LL HEAR FROM THE APPLICANT. THE APPLICANT. PLEASE COME FORWARD. HOW YOU DOING, SIR? IF YOU COULD PLEASE STATE YOUR NAME AND IF, UH, MY NAME IS GUILLERMO SANCHEZ. OKAY. AND, AND BEFORE YOU GET, WE JUST, JUST A QUICK QUESTION. YES. IS, CAN YOUR GARAGE ACCOMMODATE A PARKING, UH, VEHICLE? [02:25:01] UM, THEY, THE, THEY, THEY SAY TO PAR TO DO ANOTHER, ANOTHER, UH, GARAGE. LIKE ON THE SIDE? NO, BUT THE THE EXISTING GARAGE THAT YOU HAVE, IS IT IT WILL, IT WASN'T LIKE WHAT I DID. YOU KNOW, THEY, YOU KNOW, THEY, THEY GOT TO FOR TWO PARKING CARS, BUT THAT THE WAY IT WAS BEING MADE. BUT YOU CAN FIT A CAR WITHIN YOUR GARAGE. OH, YES. YES, IT'S POSSIBLE. OKAY. YES. SO THE APPLICANT HAS JUST STATED THAT HIS GARAGE CAN HOLD THE VEHICLE, PLUS HE HAS AN EXCESS OF 20 FEET IN FRONT OF THE FACE OF GARAGE DOOR. DOES HE NEED TO BE HERE? CRUZ, MR. CRUZ? UM, THE WAY I UNDERSTAND THIS IS HE'S ASKING FOR ANOTHER PARKING SPACE FOR A THIRD VEHICLE INSTEAD OF JUST THE TWO THAT HE CURRENTLY IS USING. I'M, THAT'S THE WAY IT SOUNDS. THE VARIANCE IS ADVERTISED THAT BECAUSE OF THE ACCESSORY STRUCTURE, INSTEAD OF ONE, HE NEEDS TWO PARKING SPACES AND HE ONLY HAS STAFF IS SAYING THERE'S ONLY ONE. BUT THERE ALSO CAN, CAN YOU, UM, SAY HOW BIG THIS ACCESSORY STRUCTURE IS? BECAUSE FROM THE APPLICATION, FROM WHAT WE'RE SEEING, IT SAYS THAT'S NOT WHAT WE'RE HERE FOR, THOUGH. WE'RE ONLY HERE. NO, BUT IT SAYS HERE, THE APPLICANT HAS INDICATED THAT THE ACCESSORY DWELLING WILL BE 800 SQUARE FEET. AND STAFF HAS INFORMED THE APPLICANT THAT IF HER ACCESSORY DWELLING IS OVER 800 SQUARE FEET, A VARIANCE WILL BE REQUIRED. AND IF IT IS UNDER 800 SQUARE FEET, THE VARIANCE WOULD NOT BE REQUIRED. SO, SO THE QUESTION IS, HOW BIG IS THIS? IT'S ONLY LIKE, IT'S, UH, IT'S 16 BY 38, IT IS LESS THAN 800. IT'S 11 BY 37. YES. IT'S A ONE STORY. SO THIS EVEN, IT'S A TWO STORY. IF IT'S, SO IT'S ALSO NOT EVEN OVER 800 SQUARE FEET. IT LOOKS LIKE IT IS LIKE, UH, IT'S A TWO STORY. I'M SORRY. IT'S TWO STORY OR ONE STORY? IT'S A TWO STORY. OKAY. WELL, NO, BECAUSE THE, IT'S DOUBLE 37 BY 11. ON THE SITE PLAN IT SAYS A NEW ONE STORY DWELLING UNIT WITH AT ATTIC STORAGE ACCESSORY BUILDING. SO IT IS A TWO STORY. OKAY. SO THE 800 SQUARE FOOT THAT'S, THAT'S ANSWERED MM-HMM. , THERE WAS A QUESTION ABOUT THE PARKING SPACE IN FRONT OR YES, YES. OKAY. SO HE ONLY HAS ROOM FOR ONE PARKING. THE, THE DEPTH IS 24 FEET. SO, UM, AND THE GARAGE, DOES THE GARAGE COUNT? THE GARAGE IS CLOSED IN FROM WHAT WE UNDERSTAND. IS THAT CORRECT? YES. YEAH. SO THE GARAGE IS NOT REALLY GARAGE. OKAY. SO THAT, THAT ANSWERS THAT. OKAY. MM-HMM. . SO, SO EXACTLY. IT'S MORE THAN 800. IT'S ONLY LIKE A 14, MORE THAN 800. LIKE, UH, YEAH. YOU KNOW, IT'S NOT TOO MANY, TOO MANY FEET. SO SORRY TO CUT YOU OFF. PLEASE PROCEED. TELL US ABOUT, UH, THE PARKING, UH, VARIANCE. I MEAN, WE DON'T MIND PARKING DOING ANOTHER PARKING IN A SPACE ON THE SIDE FOR THE PEOPLE THAT YOU KNOW, YOU KNOW, LIVES THERE ON THE, IN THE, IN THE NEW IN APARTMENT. SO STAFF, IF IS, IS HE ALLOWED TO, UH, EXTEND THE CONCRETE OVER TO PROVIDE ANOTHER PARKING SPACE AS A SOLUTION TO THIS? OBJECTION? YES. HE CAN, ACCORDING TO TRAFFIC, THEY CAN EXTEND TO THE SIDE AND MAKE A PARKING SPOT. OKAY. WELL, SO WHOEVER MAKES A MOTION FOR THIS. AND AS YOU CONSIDER IT, MINKA, I HAVE ANOTHER QUESTION. COMMISSIONER MINKA, UM, WE'RE TALKING ABOUT PARKING, UH, TO THE SIDE. SO WE'RE NOT GETTING CLOSE TO THE PROPERTY LINE OF THE OTHER PERSON, ARE WE? NO. NO. WE WANNA GET ONLY NINE FEET ON THE SIDE. OKAY. AND MY NEXT QUESTION IS THIS BUILDING THAT YOU HAVE BACK THERE, IS THAT YOUR RESIDENCE OR IS THAT RENTED OUT? IT'S LIKE A . LIKE, I MEAN, THE BACK, LIKE WHENEVER THEY WAKE AT THE FAMILY IS THERE, THERE, LIKE, YOU KNOW, FOR VISITING. I MEAN, THAT'S ONLY PURPOSE. THANK YOU SIR. MANANA, COMMISSIONER MANANA. SO I DID UNDERSTAND THE POINT THAT YOU WERE MAKING. SO IF WE DON'T VOTE ON IT AT ALL, HE'S, HE HAS THE ABILITY TO PUT IN A DRIVEWAY ON THE SIDE AND, AND THAT'S HOW IT'S RESOLVED, CORRECT? YES. AND THAT'S, SO HE WOULD HAVE A, A, HIS YARD WOULDN'T BE AS GREEN AND PROBABLY HAVE TO GET RID OF A TREE OR SOMETHING. BUT, UH, THE OTHER SOLUTION'S, PARKING ON THE STREET, THE OTHER SOLUTION WOULD BE TO, TO, UNLESS HE SAYS YOU DON'T. DO YOU ONLY HAVE ONE VEHICLE, SIR? UH, WE GOT, UH, WE GOT TWO VEHICLES. AND, AND DO YOU CURRENTLY SEE THAT'S FOR, LET'S SAY FOR SOMEONE ELSE THAT COMES, YOU KNOW, TO VISIT? THERE'S ONLY PURPOSE IN CASE. SO WE DON'T BLOCK THE STREET. SO WITH TWO VEHICLES YOU PARK ONE ON THE STREET, ONE IN THE DRIVEWAY. UH, SOMETIMES WE PAY, IT ALL DEPENDS IF THE, YOU KNOW, LET'S SAY ONE WAS, NEEDS TO GET UP EARLY IN THE MORNING, WE DON'T LIKE TO BLOCK THE PERSON. SO WE, YOU KNOW, IT ALL DEPENDS ON, UH, ON, UH, IF SHE WORKS OR ANOTHER DAY. OKAY? MM-HMM. . SO I MEAN, THE APPLICANT HAS SOME AL ALTER ALTERNATE WAYS TO MEET, YOU KNOW, HE COULD WIDEN THE DRIVEWAY A LITTLE BIT. HE CAN BUILD A LITTLE PARKING SPACE AT THE SIDE. UH, SO JUST KEEP THAT IN MIND AS YOU'RE TAKING THIS UNDER CONSIDERATION. MM-HMM. , UH, IS THERE ANYTHING ELSE YOU'D LIKE TO ANSWER, SIR? IS THERE ANY PUBLIC COMMENTARY FOR THIS? THERE IS NO PUBLIC COMMENT. OKAY, SO WITH THAT, I'M LOOKING FOR A MOTION. ANYONE LIKE TO MAKE [02:30:01] A MOTION? COMMISSIONER ZUNA. OKAY. I, WELL, YOU READ MY MIND. . OKAY. REGARDING CASE NUMBER BO O A DASH 23 DASH 1 0 3 0 0 0 8 6, I MOVE TO THE BOARD OF ADJUSTMENT GRANT AND REQUESTS FOR A ONE PARKING SPACE VARIANCE FROM THE MINIMUM TWO REQUIRED PARKING SPACES TO ALLOW A RESIDENTIAL DWELLING WITH AN ACCESSORY DWELLING, ONE PARKING SPACE SITUATED AT 5 5 1 8 IVANHOE STREET. APPLICANT BEING EMILY SANCHEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY FIND THAT ONE, THE VARIANCE DOES NOT CONTRACT THE PUBLIC INTEREST. PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A ONE PARKING SPACE VARIANCE FOR THE MINIMUM TWO REQUIRED PARKING SPACES. THE VARIANCE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS GRANTED. THE VARIANCE WOULD ALLOW THE ONE PARKING SPACE DUE TO THE LIMITED SPACE TO ADD AN ADDITIONAL PARKING SPACE. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN HAVING TO ADD AN ADDITIONAL PARKING SPACE, WHICH, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THERE WILL BE ONLY ONE PARKING SPACE FOR THE, FOR THE PROPERTY DUE TO THE LIMITED SPACE REQUIRED, UH, TO ADD AN ADDITIONAL PARKING SPACE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SIX VARIANCES WITHOUT SUBSTANTIAL INJU, THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALSO THE ESSENTIAL CHARACT OF THE DISTRICT. ONCE THE PROPERTY IS LOCATED, STAFF FINDS THAT THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES. UH, AND SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. NOT MERELY FINANCIAL. THEY'RE NOT DUE TO OTHER THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, STAFF FINDS IS APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND OF MOTION. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER UNA? YES. SO I'M GONNA, UH, SUPPORT THE VARIANCE. OBVIOUSLY THE APPLICANT HAS, UM, UM, OPTIONS HERE. WHETHER HE PAVE OVER, TEAR DOWN A TREE TO CREATE AN ADDITIONAL PARKING SPACE, WHICH IT'S WITHIN HIS RIGHT, HE COULD DO. UM, AND SO, YOU KNOW, GIVEN THAT I'M IN FAVOR OF GRANTING THE VARIANCE SO WE CAN MINIMIZE THE AMOUNT OF CONCRETE, POTENTIALLY SAVE THE TREE AND PROVIDE JUST THAT ADDITIONAL, YOU KNOW, HE, HE USES THE BACK SPACE FOR FAMILY AS A VISIT, MAY OR MAY NOT USE THE, UH, ADDITIONAL PARKING SPACE THAT THEY NEED THE VARIANCE FOR. SO I'M SUPPORTING THE MOTION. MR. KAPLAN. I AGREE WITH THAT TOO. I SEE THERE'S NO REASON NOT TO GIVE THE VARIANCE. ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION. MANNA COMMISSIONER MANNA. I GUESS I'M CONFUSED 'CAUSE UM, I'M CURRENTLY NOT SUPPORTING THIS BECAUSE THERE WAS MANY OPTIONS AVAILABLE AND IT SOUNDED LIKE ALL THE OPTIONS YOU PROVIDED WOULD BE OPTIONS THAT BE PROVIDED AND WE WOULD BE BASICALLY SAYING HE DIDN'T HAVE TO DO ANY OF THAT. UM, BY, BY, BY MOVING FORWARD WITH THIS, IF I UNDERSTOOD CORRECTLY. NO. SO HE COULD, WE GETTING, WE'RE GUARANTEEING THE VARIANCE FOR ONE PARKING SPACE SO HE CAN USE THE EXISTING TWO SPACES THAT ARE, ARE GIVEN TO HIM WITH THE PARKING LOT. IF WE DON'T, HE WOULD HAVE TO PROVIDE FOR THREE SPACES. NO, HE ONLY NEEDS TO ADD ONE. HE RIGHT, RIGHT. SO HE WOULD HAVE TO ADD A SPACE. AND SO THE WAY TO ACCOMMODATE THAT IS TO BUILD A SPACE, RIGHT? IN WHICH CASE HE WOULD HAVE TO BUILD ANOTHER PARKING SPACE. YEAH, HE, UH, FROM WHAT I'M SEEING ON THE SIDE PLAN, HE WOULD HAVE TO DO AN APPROXIMATE SIX FOOT STRIP ALONG THE SIDE OF HIS DRIVEWAY ON EITHER SIDE WOULD WORK, PREFERABLY THE LEFT SIDE BECAUSE IT'S OPEN. UH, AND OR WE COULD IF WE APPROVE THE VARIANCES AND HAVE TO DO ANYTHING. RIGHT. BUT HE COULD IF YOU WANTED TO. SO IF YOU'RE IN FAVOR OF THE VARIANCE YOU'RE IN, YOU'RE IN, YOU'RE IN FAVOR OF AIRING ON LESS IMPERVIOUS COVER IN THE FRONT, EVEN THOUGH IT'S ONLY A SIX FOOT STRIP. UH, IF YOU'RE OPPOSED TO THE VARIANCE IS YOU WOULD LIKE HIM TO THE APPLICANT TO PROVIDE, UH, AN ADDITIONAL PARKING SPACE DUE TO THE FACT THAT HE HAS A TWO-STORY HOME AND A TWO-STORY ACCESSORY STRUCTURE IN THE REAR. I WILL BE OPPOSING THIS. OKAY. ANYONE ELSE LIKE TO ADD? WHY CAN'T HE, WHY CAN'T HE BUILD A PARKING, PARKING SPACE? GO AHEAD. I'M SORRY. GO AHEAD. GO AHEAD. WHY CAN'T HE GET A PARKING SPACE IN THE BACK OF THE ACCESSORY? UH, THERE'S NO WAY FOR A VEHICLE TO FIT BACK THERE. SO THERE'S NO ALLEY IN THE REAR. THERE'S NO, THERE'S NOT ENOUGH ROOM TO BUILD A DRIVEWAY TO GET TO THE BACK. SO WHAT HE WOULD DO IS HE WOULD TAKE, HE COULD TAKE HIS EXISTING DRIVEWAY AND HE JUST PUT A LITTLE STRIP HERE AND THEN HE'D HAVE TWO CARS. YEAH, I UNDERSTAND THAT. OKAY. BUT I'M, I WAS CONFUSED ON THE ACCESSORY STRUCTURE. THAT'S NOT WHAT WE'RE YEAH, THE ACCESSORY STRUCTURE IS NOT UNDER CONTENTION. IT'S JUST SOLELY THE PROVISION OF ONE ADDITIONAL PARKING SPACE WHERE IT IS, IS IRRELEVANT. SO, UM, UH, MR. CHAIRMAN, COMMISSIONER ZUNIGA, UH, ARE, ARE WE, UH, SPEAKING ABOUT, UH, A PAT ON THIS SIDE THROUGH THE CONCRETE AND PARK IT IN FRONT NEXT TO THE, [02:35:01] UH, DRIVEWAY FOR THE DOUBLE GARAGE? UH, HE, THE, THE PROVISION OF AN ADDITIONAL PARKING SPACE COULD BE ACCOMPLISHED IN MANY WAYS. HE COULD, HE COULD WIDEN HIS DRIVEWAY BY ABOUT SIX FEET AND DO THAT. IF HE WANTED TO PUT A DRIVE ALL THE WAY TO THE BACK AND HAVE IT BE AS JUST A BIG STRIP OF CONCRETE ALL THE WAY TO THE BACK, HE COULD CERTAINLY DO THAT TO PROVIDE ONE SPACE TO THE BACK. UH, BUT, UH, THAT'S UP TO HIM. YEAH. WELL, COMMISSIONER MANNA. SO, BUT JUST TO CLARIFY, SO BASICALLY WHAT'S BEING VOTED ON IS THAT THEY DON'T HAVE TO DO ANYTHING RIGHT? AND THEY COULD PARK ON THE STREET AND, BUT WE'RE, AND SO BY VOTING FOR IT, IT CAN BE AS IS AND NO CHANGES MADE TO THE HOUSE AT ALL, RIGHT? THAT'S RIGHT. UH, SO IS THERE ANYTHING, OH, OKAY. YEAH. SO IS THERE ANYTHING, SO HE DOESN'T HAVE TO PUT GRAVEL ON IT OR, WELL, IF, IF THE VARIANCE IS NOT APPROVED, HE WILL HAVE TO DO SOMETHING, WHETHER IT'S CONCRETE OR ASPHALT OR PAVERS OR SOMETHING. WHAT, WHAT I'M ASKING WHAT, UH, DOES HE HAVE TO PUT ON THAT SPACE THERE? HE CAN PARK THE CARS ON THE GRASS THERE THAT IS DOWN THERE, THERE. WELL, IT DOESN'T COUNT. IT HAS TO BE AN, IT HAS TO BE A IMPERVIOUS TO COUNT AS A PARKING SPACE. SO YOU'D HAVE TO DO SOMETHING. SO IS THERE ANY OTHER DISCUSSION? UM, I'M JUST GONNA ADD THAT I AM, UH, NOT IN FAVOR OF THE VARIANCE BECAUSE ADDING A SIX FOOT STRIP NEXT TO THE LEFT OF YOUR DRIVEWAY IS NOT A BIG DEAL TO ME. SO, UM, LET'S HAVE A ROLL CALL. VOTE. MR. OZUNA. I CONCUR. MS. KAPLAN I CONCUR. MR. MENCHACA I CONCUR. MS. BROWN CONCUR. MS. HAYES, I CONCUR. MS. CRUZ, I CONCUR. MR. ZUNIGA. NO, I DON'T CONCUR. MS. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. CODDLE CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I DO NOT CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS. EIGHT TO THREE. UH, PLEASE GET WITH STAFF IF YOU HAVE ANY QUESTIONS ABOUT WHAT TO DO MOVING FORWARD. OKAY. THANK YOU. THANK YOU. ALL RIGHT, ITEM EIGHT. AGENDA ITEM EIGHT. BO O 8 23 1 0 3 0 0 0 88. ADDRESS IS 1642 SANTA RITA STREET COUNCIL. DISTRICT THREE APPLICANT IS MANU AND ROSEMARY GARCIA. A REQUEST FOR ONE, A FOUR FOOT 11 VARIANCE FROM THE MINIMUM AND FIVE FOOT SITE SETBACK REQUIREMENT TO ALLOW A DETACHED CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY. LINE TWO, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW CORRUGATED METAL FENCE ALONG THE WESTERN AND SOUTHERN PROPERTY LINES. THREE, A FOUR FOOT, TWO INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 10 FOOT 10 INCHES FROM THE FRONT DRIVEWAY. AND FOUR, A THREE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY, PRIVACY FENCE IN THE FRONT YARD ALONG THE WESTERN PROPERTY LINE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED JUST SOUTH OF LOOP FOUR 10 BETWEEN THE INTERSECTIONS OF RIO STREET AND RENOVA STREET. THE APPLICANT IS REQUESTING VARIANCES FOR THE FOLLOWING SITE, SETBACK FENCE MATERIALS, AND A RESIDENTIAL DISTRICT EXCUSE THAT'S, I'M SORRY, THAT NEEDS TO BE CHANGED. THE APPLICANT IS REQUESTING VARIANCES FOR THE FOLLOWING SITE, SETBACK AND FENCE MA FENCE MATERIALS, BUT WITHOUT A PERMIT. THE APPLICANT CONSTRUCTED A DETACHED CARPORT, WHICH ENCROACHES INTO THE SIDE SETBACK. BUILDING WITHOUT A PERMIT BEGAN ON MARCH 21ST, 2023 FOR A PROPERTY SETBACK VIOLATION. ADDITIONALLY, STAFF OBSERVED A SIX FOOT SOLID SCREEN FENCE CONSTRUCTED A PROHIBITED FENCE MATERIAL CORRUGATED METAL SITUATED IN THE FRONT YARD ALONG THE WESTERN PROPERTY LINE. FRONT YARD FENCES ARE ALLOWED A MAXIMUM THREE FEET, THREE FEET AND MUST BE CONSTRUCTED FROM THE ALLOWABLE FENCE MATERIALS PER U D C. THIS IS YOUR SITE PLAN SHOWING THE CARPORT, THE HOUSE AND THE XS ARE THE, THE FENCE. AND HERE'S YOUR SUBJECT PROPERTY WITH THE CARPORT AND A PICTURE SHOWING THE DETACHED CARPORT. A PICTURE OF THE SIDE SETBACKS, KIND OF OBSTRUCTED WITH THE VEGETATION THERE. AND YOUR CORRUGATED METAL FENCE AND YOUR FENCE HEIGHT AND YOUR CLEAR VISION AND, UH, PICTURE OF THE DRIVEWAY APPROACH AND YOUR SURROUNDING AREA. STAFF RECOMMENDATION, DETACHED CARPORT, SITE SETBACK AND FENCE MATERIALS. STAFF RECOMMENDS DENIAL M B O 8 23 1 0 3 0 0 0 88 BASED ON THE FOLLOWING FINDINGS, THERE ARE NO SPECIAL CONDITIONS FOUND ON THE SUBJECT PROPERTY TO WARRANT THE APPLICANT TO DEVIATE FROM THE CURRENT UNIFIED DEVELOPMENT CODE STANDARDS. AND TWO, THE REQUESTED VARIANCES ALLOW FOR INCONSISTENT AND UNSAFE DEVELOPMENT PATTERNS. [02:40:02] STAFF RECOMMENDATION, FINITE SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND BO O A 23 1 0 3 0 0 0 8 8 BASED ON OUR FOLLOWING FINDINGS, THE PROPOSED SIX FOOT CORRUGATED METAL FENCE WILL RESULT IN INCONSISTENT DEVELOPMENT PATTERNS AS NO OTHER FENCES EXCEEDING THE HEIGHT REQUIREMENTS WERE SEEN IN IMMEDIATE AREA. STAFF RECOMMENDATION FOR THE CLEAR VISION STAFF RECOMMENDS APPROVAL ON BO O A 23 1 0 3 0 0 0 88 BASED ON THE FOLLOWING FINDINGS, ALTERING THE FENCE TO MEET THE 15 FOOT MINIMUM CLEAR VISION REQUIREMENT WILL RESULT IN AN UNNECESSARY HARDSHIP AS FRONT YARD SPACE WOULD BE REDUCED DRASTICALLY. NOTIFICATION PLAN, 36 NOTICES WERE MAILED OUT, ZERO IN FAVOR, ZERO IN OPPOSITION. AND, UM, GOT A LATE RESPONSE FROM THE VEHICLE ARE NOW NEIGHBORHOOD ASSOCIATION, WHICH IS A VOICEMAIL. UM, THEY WERE, UH, THEY WERE IN FAVOR. AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT, THANK YOU VERY MUCH. IS THERE ANY QUESTIONS FOR STAFF? ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD PLEASE. HI, HOW ARE YOU? HI. UH, PLEASE TELL US YOUR NAME AND ALL ABOUT YOUR CASE. GOOD AFTERNOON. MY NAME IS ROSEMARY AND MANUEL GARCIA . MY NAME IS MANUEL GARCIA. ALRIGHT, WELL TELL US ABOUT YOUR CASE. OKAY. UH, WE HAD A, A CARPORT INSTALLED DUE TO WHERE WE LIVE. WELL, IT RAINS EVERYWHERE, BUT UH, WE, OUR CARS GET STUCK IN THE RAIN. WE'VE, WE'VE HAD TO MISS WORK A COUPLE OF TIMES. I WORK FOR THE SCHOOL DISTRICT AND MY HUSBAND'S A TRUCK DRIVER. UH, WE HAD THAT INSTALLED DUE TO THE FACT, AGAIN, LIKE I SAID, WE'VE, I'VE HAD TO, I HAVE SOMEBODY PICK ME UP SOMETIMES. SOMETIMES I MISS WORK AND I HAVE PETS AND I HAVE DOG HOUSES WHERE YOU CAN'T SEE 'EM. BUT BECAUSE OF, OF THE RAIN, WE'VE HAD THAT CARPORT INSTALLED. AND THE REASON OF THE HEIGHT IS BECAUSE WE HAVE SECURITY CAMERAS AND UH, WE HAVE A, UH, A, UH, A SECURITY LIGHT. SO IF WE BUILD IT AT THE HEIGHT OF THE HOME, IT WOULD, THE WATER WOULD BOUNCE OFF TO THE ELECTRICAL. IT, YOU KNOW, IT, IT MIGHT AFFECT, WE, WE DON'T KNOW IF IT WILL, BUT IT, IT WOULD'VE AFFECTED THE ELECTRICAL. OKAY. AND THAT'S PART OF THE REASON THAT WE HAD IT BUILT. ALRIGHT. WELL A COUPLE QUICK QUESTIONS. I NOTICED THE GUTTER ON THE HOUSE SIDE. IS THERE A GUTTER ON THE OTHER SIDE OF THE CAR? ALL THE WAY AROUND. ALL THE WAY AROUND. OKAY. YES SIR. ALL THE WAY AROUND. WE ACTUALLY GOT THE NEIGHBOR TO THE LEFT. WE GOT HER PERMISSION. SHE ALLOWED US THE MEN TO GO INTO HER YARD AND PUT IN THE GUTTERS AND THEN WE HAD 'EM PUT ON THE OTHER SIDE. AND IT'S ALL AROUND THE HOUSE ALL THE WAY TO THE END OF THE HOME. THERE ARE GUTTERS EVERYWHERE. OKAY. SO IT'S NOT AFFECTING ANYBODY. ALRIGHT, WELL IF, HOLD TIGHT. ONE SECOND. IS THERE ANY PUBLIC COMMENTARY STAFF? WE HAVE ONE VOICEMAIL. WE'RE GONNA HEAR A VOICEMAIL AND WE'RE GONNA ASK SOME QUESTIONS. OKAY. THAT'S FINE. GOOD AFTERNOON. MY NAME IS VOLGA MARTINEZ, 1522 SANTA FA TWO TEN THREE NINE THREE SIX NINE FOUR FOUR. I'M WITH A VEHICLE, CORONADO NEIGHBORHOOD ASSOCIATION. THIS IS IN REGARDS TO UM, D O A 0 8 8 16 42 SANTA RITA STREET. THE VEHICLE, CORONADO NEIGHBORHOOD ASSOCIATION IS NOT OPPOSING THIS REQUEST. I PERSONALLY WENT OUT TO SPEAK WITH THE NEIGHBORS AND UH, WAS TOLD ONE OF THE NEIGHBORS WAS UNAVAILABLE SO I WASN'T ABLE TO SPEAK TO THEM. NOTICES WORSEN OUT AROUND 200 FEET, SO IT'S UP TO THEM TO SPEAK OUT. AS FOR THE ASSOCIATION, WE HAVE NO OPPOSITION. THANK YOU. ALRIGHT, SO WE'RE GONNA OPEN THIS UP TO COMMISSIONER QUESTIONS. WHO'D LIKE TO GO FIRST? COMMISSIONER MINKA, WHEN YOU, UH, WHEN YOU PUT UP THIS FENCE ON THE RIGHT SIDE, WHAT WAS THE PRIMARY CAUSE OR PRIMARY REASON TO PUT IT UP SO HIGH? THESE ROOF PANELS. THEY LOOK LIKE ROOF PANELS TO ME. YEAH, THEY ARE. OKAY. WHY DID YOU PUT IT UP THAT HIGH AND SEW TO THE FRONT SO MUCH WHERE PEOPLE CAN'T SEE, THE THING IS THEY GOT ABOUT 10 KIDS, LITTLE KIDS AND THEY TEASE THE DOGS AND THE DOGS OR, OR BLUE HEALERS. AND I'M AFRAID OF THEM JUMPING THE FENCE 'CAUSE THEY, THEY DON'T HAVE NO, UM, HONESTLY, THEY DON'T HAVE NO UPBRINGING. RIGHT. AND, UH, THE MOTHER COULD BE THERE AND THEY STILL TEASE THEM, YOU KNOW, AND I GOT THREE DOG, THREE DOGS AND I DON'T WANT NOBODY, YOU KNOW, TO GET BEATEN OR THEY STICK THEIR FINGERS TO THE, TO THE CHAIN FENCE. THAT IS THE PURPOSE. I PUT THAT, BUT, UH, THAT'S THE LEAST OF THE PROBLEM. I COULD TAKE IT OFF. YEAH. SO THERE WAS NO OTHER ALTERNATIVE FOR YOU? UH, BUT BECAUSE [02:45:01] THE KIDS ARE SMALL, LESS THAN FOUR FEET, RIGHT? YES. AND THEY HAVE THAT LITTLE HABIT OF, YOU KNOW, I UNDERSTAND THEIR KIDS, BUT JUST THE, THE PARENT, APPARENTLY THE PARENTS WON'T TELL THEM NOTHING. YOU KNOW, THEY JUST KEEP ON TEASING THEM. AND I'M TALKING ABOUT DAY AND NIGHT. WE COULD BE ASLEEP AND YOU COULD HEAR THE DOGS BARKING AT THAT CORNER, ESPECIALLY IN THAT CORNER. THANK YOU. BUT I, LIKE I SAID, I I COULD TAKE IT OFF. THAT'S NO PROBLEM. MANNA COMMISSIONER MANNA. SO ONE OF THE THINGS, YOU KNOW, UM, WHEN WE LOOK AT FENCING, IT'S, YOU KNOW, WE WANTED TO MAKE SURE ALL FENCING IS SAFE. AND ONE OF THE CHALLENGES THAT, THAT WE SEE REGULARLY IS, IS WITH THE CORRUGATED METAL, IS THAT THERE ARE VERY SHARP EDGES ALL THE WAY AROUND IT. AND SO ONE OF THE THINGS, YOU KNOW, I SEE ON THE FENCE HERE IS THAT THE TOP AND THE BOTTOM AND THE SIDE BASICALLY IS EXPOSED EDGES THAT ARE PREDOMINANT, YOU KNOW, ARE LIKELY VERY SHARP AND COULD CAUSE INJURY. AND SO, SO ONE OF THE THINGS THAT WE'D LIKE TO TALK ABOUT IS THE ABILITY TO, OR, OR ASKING PEOPLE TO, YOU KNOW, MAKE SURE THAT THEY'RE CAPPED SO THAT NOTHING WOULD, YOU KNOW, THE FENCE WOULD NEVER HURT ANYBODY. AND SO, SO I GUESS ONE OF THE QUESTIONS WOULD BE IS, YOU KNOW, WOULD YOU HAVE, UM, WOULD YOU BE ABLE TO, YOU KNOW, COMMIT TO CAPPING THE FENCE, UM, YOU KNOW, TO MAKE SURE THAT THERE, THERE IS NOBODY THAT CAN GET HURT BY IT. I COULD DO THAT. SO JUST TO BE CLEAR AND TO, AND TO, UH, BUILD ON THIS, UH, COMMISSIONER MANUS QUESTION YOU HAVE, YOU'RE ASKING FOR A FENCE THAT'S SIX FOOT EIGHT ON BOTH SIDES? NO, JUST THE, JUST THE, JUST THOSE, THE KIDS, JUST THE WEST SIDE, JUST THAT ONE SIDE? YEAH. THEY'VE GOT ABOUT FOUR OR FIVE FAMILY LIVING THERE. AND, AND THAT DOES THAT FENCE, DOES IT START AT THE FRONT OF THE HOME AND THEN JUST GO TOWARDS THE FRONT? OR DOES IT EXTEND ALL THE WAY TO THE REAR? UH, WELL I GOT, UH, UH, WOODEN, UH, PRIVACY IN THE, IN THE BACK. OKAY. BUT THE KIDS STARTED HITTING IT WITH TWO BY FOURS AND THEY STARTED BREAKING THE PLANKS OUT. OKAY. SO, SO ARE YOU AMENDING YOUR APPLICATION, UH, FOR A FENCE ON TO INCLUDE A, UM, CAP? YEAH. YEAH. I, I'LL DO THAT. IF SO, IF THE APP, IT'S SAFE TO THE KITS. I MEAN, SO THE APPLICANT HAS AMENDED HIS APPLICATION TO INCLUDE, UH, CAPPING ON THE PREDOMINANTLY METAL FENCE IN THE FRONT YARD. AND THAT'S ON THE, THAT'S ON THE WEST SIDE OF THE PROPERTY. SO KAPLAN, COMMISSIONER KAPLAN. OKAY. I, I'M NOT SURE IF I'M ASKING DISTRICT OR THE HOMEOWNER. THIS IN THE CASE SUMMARY, IT SAYS AN ACCESSORY STRUCTURE'S HEIGHT IS LIMITED TO THE HEIGHT LIMITATION OF THE BASE ZONING DISTRICT, IN THIS CASE 35 FEET READING THE WRONG ONE. WHAT? IT'S THE WRONG ONE. AM I IN THE WRONG? YES, . YEAH, WE'RE ON, WE'RE ON ITEM. UH OH, IT DOES. OKAY. APOLOGIZE. I'M RIGHT. OKAY. I, OKAY. OKAY. OKAY. UM, NOW, SO THE QUESTION IS, THIS DOESN'T LOOK LIKE IT'S 35 FEET. IS IT 35 FEET HEIGHT? WE'RE ONLY HERE ABOUT THE FENCING. NO, NO HEIGHTS. WE'RE HERE ABOUT THE BUT WHY IS HE HERE THEN? WELL, NOT FOR, OH, YOU'RE TALKING ABOUT THE ACCESSORY STRUCTURE AS FAR AS IT BEING A CARPORT? YES. THE CARPORT STAFF. IS THERE A HEIGHT REQUIREMENT? UH, A LIMITATION CARPORT. WHY IS IT IN HERE IF IT'S NOT RELEVANT? UM, IT'S, IT'S, IT'S A ACCESSORY STRUCTURE, SO IT'S LIMITED TO THE ZONING DISTRICT OF 33. SO THE CAR, SO EVEN THOUGH IT'S A CARPORT, IT STILL HAS TO MEET TWO AND A HALF, 3 35 FEET OR SOMETHING? CORRECT. 35, BUT, BUT IS IT 35 FEET? NO. NO, MA'AM. OKAY. SO THAT'S RELEVANT. NOW THE SECOND THING IS ABOUT RESTRICTED PARKING AREA, MEANING THAT YOU'RE NOT ALLOWED TO PARK OVERSIZED VEHICLES. IS THAT AN ISSUE IN THIS TOO? NO. OH, NO, NO, NO, MA'AM. WE, UH, HE, HE PAYS RENTAL TO ANOTHER PLACE TO PARK HIS, HIS VEHICLE. THAT'S, WE, WE ADDED THAT ON THERE BECAUSE OF THE SIZE OF THE, UH, CARPORT. WE JUST WANNA MAKE SURE, UM, THE RULES WERE KIND OF KNOWN. UM, AND THERE WAS NO QUESTION ABOUT ANY PARKING OF ANY, UH, OVERSIZED VEHICLES. THAT'S ALL WE, I I WAS JUST QUESTIONING WHAT THAT WAS ABOUT. OH, NO, NO, NO. OKAY. . I WAS APOLOGIZE FOR THAT. I WAS A LITTLE CONFUSED. I CONFUSING ME. OKAY. CONFUSING. ANY OTHER QUESTIONS? UH, COMMISSIONER? YEAH. I HAVE SOME QUESTIONS FOR YOU. UH, ANOTHER AREA WHERE, WHERE YOU LIVE AND YES. YOU KNOW, I MEAN, MIGHT BE THE DOGS, ET CETERA, THAT ARE RUNNING WILD THERE. YES. SO, BUT I, IS THE HOUSE BOARDED UP? OH, I GOT TWO BROKEN WINDOWS AND I'M SUPPOSED TO, HUH? IT GET AND I NEED, I NEED TO, UH, UH, REPLACE MY WINDOWS. OKAY. BUT, UH, BUT, BUT IT'S OCCUPIED. YES, IT'S LIVABLE. YES. YES. YEAH. GOT ELECTRICITY AND WATER. YEAH, WE LIVE THERE. OKAY. UH, THE COURT PORT, WHAT DO YOU [02:50:01] USE IT FOR? FOR THE 16 WHEELER OR, OR THE TRACTOR? NO, NO, NO. YOU GOTTA, IT'S A LITTLE TRUCK THERE. THERE'S A TRUCK IN THE CAR. TRUCK WITH MY CAR, BUT I'M TRYING TO GET OUT. OKAY. MY, MY OTHER QUESTION IS, OKAY, UH, MR. CHAIRMAN, WE GOING GET THE VARIANCE. MM-HMM. WE'RE GOING DEAL WITH THIS VARIANCE HERE, RIGHT? YEAH, THE VARIANCE. SO RIGHT NOW, THE, WE HAVE A VARIANCE FOR A, A, A, A CARPORT ACCESSORY STRUCTURE BEING REALLY CLOSE TO THE SIDE PROPERTY LINE, UM, UH, A FENCE, SIX FOOT EIGHT IN THE FRONT OF THE HOUSE AND EXCLUDING THE FRONT, UH, ACROSS THIS FRONT PROPERTY LINE. SO, UH, UH, THE LINE OF VISION THERE WILL LEAVE THE CORRUGATED FENCE THERE. THE MOTION. YEAH. SO THE GLARE VISION, THE, THE FACT THAT THE FENCE IS WITHIN 15 FEET OF THE FACE OF, OF CURB OR PAVEMENT IS AN ISSUE THAT WE'RE ALSO, UH, ENTERTAINING. AND THE APPLICANT IS SAYING FOR THE SAFETY OF THE KIDS, YOU KNOW, HUMAN RESOURCES AND, UH, A CHILD, WELL, YOU COULD CALL 'EM IN FOR THE KIDS IF THEY'RE RUNNING AROUND STICKING THE HAND THERE. UH, I, I COULD NOT GO WITH THE CORRUGATED FENCE AND IT'LL BE AGAINST U D C, BUT I MEAN, I, I KNOW THE SITUATION AGAIN, BUT, YOU KNOW, IT'S ALWAYS, WELL, I MEAN, I COULD TAKE IT OFF. THAT'S, THANK YOU. THANK YOU. BECAUSE, YOU KNOW, I MEAN, I JUST, UH, I'LL TAKE IT OFF AND, UH, I'LL FIGURE SOMETHING OUT. WELL, YOU CAN CALL, YOU KNOW, IF YOUR VARIANCE FAILS AND YOU, THAT WILL BE WHAT YOU'LL HAVE TO DO. OKAY. MANNA COMMISSIONER MANNA. SO, YOU KNOW, AS I LOOK AT GOOGLE HERE, I DO LOOK AT THE HOUSE AND, UH, THEIR NEIGHBOR'S HOUSE AND ON THE PROPERTY, UM, ON THE, THE PROPERTY ON THE OTHER SIDE OF THE NEIGHBOR'S HOUSE, THEY HAVE A SIX FOOT WOODEN STRUCTURED FENCE THAT, UM, IS VIOLATING THE SAME CLEAR VISION. UM, SO IT LOOKS LIKE IT'S APPEARS TO BE A SIX FOOT WOODEN FENCE. UM, YOU KNOW, SO, SO IT SEEMS LIKE THIS HOUSE IS BEING ISOLATED IN THE COMMUNITY. YEAH. UH, ANY OTHER QUESTIONS? UH, MINKA, MR. MINKA HAVE A QUESTION? UH, YES. AND IN ACCORDANCE TO WHAT MANNA SAID, ALSO THE HOUSE ON THE NEXT RIDE, LIKE IT'S GOT AN ISSUE WITH 50% IMPERVIOUS. BUT MY QUESTION TO, UH, YOU SIR, THE APPLICANT MM-HMM. , ONE OF THE THINGS WE CONSIDER IS LIKE THE FIRST FOUR FEET OR FIVE FEET, SOMETIMES, UH, PEOPLE HAVE AN OPTION OF PUTTING A SOLID FENCE YOU CAN'T SEE THROUGH, THEN THE NEXT FOOT OR SO MAY BE AN OPTION TO PUT LIKE A, SOMETHING, A LATTICE THANK YOU, OR SOMETHING ELSE THAT STILL RAISES THE HEIGHT OF THE FENCE, BUT YOU CAN SEE THROUGH IT AND IT'S AN OPTION RIGHT, TO CONSIDER, RIGHT? YEAH. SO THE WHOLE THING IS, UH, RIGHT NOW, TO ME, IT APPEARS IT'S WAY OUTTA CONTEXT OF THE WHOLE NEIGHBORHOOD. IT'S TOO MUCH ON BOTH SIDES. OKAY? BUT THAT'S JUST MY VIEW RIGHT NOW. I'M JUST GIVING YOU INFORMATION, NOT JUDGING OR NOTHING I APPRECIATE. OKAY? YES, SIR. ANY OTHER QUESTIONS? ALL RIGHT. HEARING NONE. UH, SO WE'RE, WE'RE GONNA DO NOW IS DELIBERATE ON THIS, UH, AND WE'LL, WE'LL SEE HOW IT TURNS OUT. SO WHAT WE'RE DOING IS WE'RE LOOKING FOR A MOTION ON THIS CASE, UH, KNOWING THAT THE APPLICANT HAS AMENDED TO INCLUDE CAPS AND THAT HIS, UH, CARPORT DOES INCLUDE GUTTERS ALL THE WAY AROUND. SO WHO'D LIKE TO MAKE A MOTION? I WILL DO IT IF NO ONE WILL AS SOON AS I FIND IT. YEAH. SO, UH, REGARDING CASE NUMBER BO EIGHT DASH 23 DASH 103 0 0 88, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT. I, FOR ONE, A FOUR FOOT 11 VARIANCE FROM THE MINIMUM SIDE SETBACK, UH, TO ALLOW A DETACHED CARPORT WITH GUTTERS TO BE ONE INCH FROM THE SIDE PROPERTY. LINE. TWO, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE WITH CAP, UH, ALONG THE, THE WESTERN AND SOUTHERN PROPERTY LINES, AND NOT ALONG THE FRONT PROPERTY LINE. UH, THREE, A FOUR FOOT, TWO INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 10 FOOT 10 INCHES FROM THE FRONT DRIVEWAY, SITUATED AT 1642 SANTA RITA STREET, APPLICANT BEING MANUAL. AND ROSEMARY GARCIA, BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. AND THIS CASE, THE PUBLIC INCHES IS REPRESENTED BY A RESTRICTED CARPORT SIDE SETBACK TO PROVIDE SPACE BETWEEN PROPERTIES, FENCING MATERIALS ALLOW FOR A SAFE ENVIRONMENT. STAFF [02:55:01] FINDS THE REQUEST TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY. LINE OF VARIANCE FROM THE FENCE MATERIALS IS NOT CONTRARY TO THE PUBLIC INTEREST. ADDITIONALLY, THE APPLICANT WAS REQUESTING A FOUR FOOT TWO, UH, INCH, FOUR FOOT, TWO FOOT, TWO INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 10 FOOT 10 INCHES FROM THE FRONT DRIVEWAY. IN THIS CASE, A PREDOMINANTLY OPEN FENCE IS NOT IMPEDED VEHICLES FROM ENTERING OR EXITING THE PROPERTY. STAFF FINDS THIS REQUEST IS NOT CONTRARY AS THIS DISTANCE DOES NOT PROPOSE ANY SAFETY ISSUES. TWO, DUE TO ANY SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT APPLICANT ALTERING THE ALREADY CONSTRUCTED CARPORT AND CORRUGATED FENCE TO MEET CURRENT BUILDING STANDARDS AND ALTERING THE FENCE TO MEET THE MINIMUM 15 FOOT DISTANCE REQUIREMENT. AS THIS WILL BE CREATED AN UNNECESSARY HARDSHIP AS A FENCING IS EXISTING. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE CARPORT DUE TO ITS SIZE AND CURRENT POSITION, AND CORRUGATED FENCING MATERIAL WITH CAPS VARIANCES FOR PRIVACY WILL OBSERVE THE SPIRIT OF THE, OF THE ORDINANCE. ADDITIONALLY, THE FENCE IS CURRENTLY 10 FOOT 10 INCHES FROM THE FRONT DRIVEWAY. STAFF FINDS THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH A REQUESTED VARIANCES. ADEQUATE SITE DISTANCE AS PRESENTED FOR THE VARIANCE, WILL AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, STAFF FINDS THESE REQUESTS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTIES AS THE VARIANCES WILL PROVIDE, SECURITY AND PRIVACY WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. ADDITIONALLY, THE DISTANCE WILL MAINTAIN 10 FOOT 10 INCHES FROM THE FRONT DRIVEWAY, WHICH IS NOT LIKELY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UPON SITE VISITS, STAFF OBSERVED ANOTHER FRONT YARDS, PREDOMINANTLY OPEN FENCES IN THE IMMEDIATE VICINITY. SIX, THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT, AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE PLI TO THE OWNER FOR OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL AND A MOTION. SECOND. SECOND BY COMMISSIONER MANANA. SO I READ THE MOTION AS, UM, AS, AS APPLIED, UM, COMPLETELY OPEN TO ANY FRIENDLY AMENDMENTS. SO, UH, WITH THAT I'LL LEAVE SEND IT OVER TO COMMISSIONER MANNA FOR HIS COMMENTARY. SO, SO A QUESTION I GUESS I HAVE IS, UM, SO WITH REGARDS TO THE FENCE IN THE FRONT, BY, BY PERMIT IT WOULD ONLY BE, UM, A FOUR FOOT PREDOMINANTLY OPEN ALLOWED FENCING. YEAH. SO THE, THE VARIANCE DIDN'T INCLUDE ANY OF THE FENCING ALONG THE FRONT PROPERTY LINE. ONLY ON THE SIDES. SO, SO THE SIDE PROPERTY LINE, OR THE PROPERTY IN FRONT OF THE HOUSE BETWEEN THE NEIGHBOR'S HOUSE IS STILL ONLY FOUR FOOT, CORRECT? UH, IT IS, WELL, IF IT'S CLOSED, IT COULD BE FOUR FOOT IS FIVE FOOT IF IT'S PREDOMINANTLY OPEN. CORRECT. THREE FEET PRIVACY OR FIVE FOOT PREDOMINANTLY OPEN. YEAH. OH, SO IT IS, IT WOULD ALLOW FOR FIVE FOOT ALONG THE, ALONG THE FRONT SIDE IF IT'S PREDOMINANTLY OPEN. YES. CORRECT. YEAH. OKAY. OKAY. SO, SO ON THE, ON THE, WHEN FACING THE HOUSE ON THE LEFT SIDE, THAT'S NOT AN ISSUE. ON THE RIGHT SIDE, IT'S THE CORRUGATED METAL THAT MAKES IT NOT PREDOMINANTLY OPEN. RIGHT. BUT IT, BUT SO WE'RE REQUESTING THAT IT CHANGE TO PREDOMINANTLY OPEN AND IT WOULD ALLOW STILL FOR FIVE FOOT WITH THREE FOOT BEING SOLID AND THE TOP TWO FOOT BEING PREDOMINANTLY OPEN. YEAH. SO THE WAY I READ IT IS HE WOULD, HE'S, HE'S PROVIDING WHAT HE'S, HE HAS HERE, EXCEPT THE FIRST FIVE FEET OF IT WOULD HAVE TO BE PREDOMINANTLY OPEN BECAUSE OF THE, THE CLEAR VISION. NO, I TAKE THAT BACK. NO, NO, NO. HE, 'CAUSE IT'S THE, THE CLEAR VISION'S ONLY ON THE DRIVEWAY SIDE THAT'S ALREADY A CHAIN LINK THAT'S PREDOMINANTLY OPEN. THAT'S NOT A ISSUE. THE ISSUE WITH THE HEIGHT IS RIGHT. THE FACT THAT IT'S CORRUGATED METAL ON THE WEST SIDE. ALRIGHT. CORRUGATED METAL AND PRIVACY. AND PRIVACY. OKAY. SO, SO JUST SO I UNDERSTAND, UM, SO, SO ARE WE ASKING FOR THE REMOVAL OF ANY OF THE CORRUGATED METAL ON THE RIGHT SIDE OF THE NO, WE'RE ASKING BECAUSE THE, UH, APPLICANT AMENDED HIS APPLICATION TO INCLUDE A CAP. HE WOULD'VE TO INSTALL A WOOD CAP. SO, BUT AS FAR AS, UM, BUT, BUT HE'LL ALLOW, WE'RE ALLOWING IT TO MAINTAIN THAT HEIGHT ALL THE WAY TO THE STREET AS IT CURRENTLY IS. AND THIS, THIS, UH, THIS MOTION IS NOT FOR THE SPECIAL EXEMPTION, RIGHT? THIS IS JUST FOR THE ZONING SEPARATE MOTION? YEAH, THAT WOULD BE SEPARATE FOR THAT SPECIAL. YEAH, THAT ONE'S GONNA BE NEXT. YEAH, THAT'LL BE NEXT. OKAY, GOT IT. YEAH. SO THE MOTION, THE MOTION I READ, UH, INCLUDED, UH, THE SIDE SETBACK FOR THE CARPORT TO BE AN INCH. UM, UH, NUMBER TWO, THE VARIANCE OF THE FENCE MATERIALS FOR THE CORRUGATED METAL WITH A CAP AND THREE FOR THE CLEAR VISION. SO, OKAY. THANK YOU. OKAY, [03:00:01] MR. CHAIRMAN, THE CORRUGATED METAL WILL BE ALL THE WAY TO THE STREET. UH, THE CORRUGATED METAL WOULD BE, WOULD RUN, UH, ALONG THE FRONT ON THE WEST SIDE AND IT WOULD RUN, UH, UP TO, UM, ABOUT, ABOUT 10 FEET AWAY FROM THE STREET. SO, ALRIGHT, IS THERE ANYTHING ELSE? ALRIGHT, SO LET'S HAVE A, UH, ROLL CALL VOTE ON THAT MANNA. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MS. BROWN CONCUR. MS. HAYES, I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA, I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR. MR. CODDLE CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. YES, I CONCUR. CHAIR ORIAN AND I ALSO CONCUR WITH THE FINDINGS OF FACT MOTION TO PASSES 11 TO ZERO. UH, NOW THERE'S GONNA BE A MOTION FOR THE SPECIAL EXCEPTION. DOES ANYONE WANT TO READ THAT OR I CAN DO IT. OH, COMMISSIONER BRAMAN, REGARDING CASE NUMBER B O A DASH 23 DASH 0 3 8 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW SIX FOOT PRIVACY FENCE IN THE FRONT YARD ALONG THE WESTERN PROPERTY LINE, SITUATED AT 1642 SANTA RITA. APPLICANT BEING MANUAL. AND ROSEMARY GARCIA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. THE PROPOSED FENCE BEING A REQUESTED IS CORRUGATED METAL LOCATED ALONG THE WESTERN PROPERTY LINE AND EXCEEDS THE MAXIMUM HEIGHT REQUIREMENT. IF GRANTED STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY, THE PROPOSED FENCE WOULD BEING REQUESTED, WILL BE LOCATED ALONG THE WESTERN PROPERTY LINE AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT. THE FENCE IS CORRUGATED METAL AND WILL PROVIDE PRIVACY ON THE WESTERN SIDE OF THE PROPERTY, WHICH, WHICH STILL SERVES THE PUBLIC WELFARE AND CONVENIENCE. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE PROPOSED SIX FOOT CORRUGATED METAL FENCE WILL NOT SUBSTANTIALLY INJURE NEIGHBORING CONFORMING PROPERTIES AS THIS WILL PROVIDE SECURITY AND PRIVACY ON THE WESTERN SIDE OF THE PROPERTY. C THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY OF WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE ADDITIONAL FENCE HEIGHT APPEARS TO NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE CORRUGATED FENCE EXCEEDS THE HEIGHT REQUIREMENT ALONG THE WESTERN PROPERTY LINE. THE HEIGHT OF THE FENCE WILL PROVIDE SECURITY AND PRIVACY ON THE WESTERN SIDE OF THE PROPERTY. D THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE PURPOSE OF THE FENCING STANDARD IS TO PROTECT THE HEALTH, SAFETY AND GENERAL WELFARE OF THE PUBLIC. THE CURRENT ZONING ALLOWS FOR THE USE OF SINGLE FAMILY DWELLING. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. SECOND. SECOND BY COMMISSIONER MEND. COMMISSIONER BRAGMAN. UM, SO I WILL NOT BE IN SUPPORT OF THIS. I THINK THERE ARE ALTERNATES, UH, THAT THE APPLICANT HAS ALREADY BEEN INFORMED OF. SO I I WILL NOT BE SUPPORTING THIS COMMISSIONER MANNA. SO I GUESS ONE QUESTION WOULD BE THAT IF WE CHANGE THIS TO, UM, SIX FOOT PREDOMINANTLY OPEN FENCING, WOULD THAT CHANGE THE DIALOGUE? I GUESS SO, BECAUSE THAT'S, I THOUGHT WHAT WE WERE TALKING ABOUT IS KEEPING IT PRIMARILY OPEN. AND SO, SO IF WE HAD A THREE FOOT SOLID BOTTOM WITH THE, WITH THE TWO FOOT TOP, WITH OP PREDOMINANTLY OPEN, WOULD THAT CHANGE OF DIALOGUE? YEAH, IF WE, IF WE MADE IT PREDOMINANTLY OPEN, UH, THE APPLICANT WOULD BE ALLOWED TO PUT THREE FEET OF CORRUGATED WITH YEAH, IT'S WOULD YOU BE OPPOSED TO THAT? NO, I, I'D BE SUPPORTIVE OF THAT. OKAY. WELL THEN WE HAVE A AMENDED, UH, AMENDMENT TO THE MOTION SO THAT IT, THE HEIGHT IS GOING TO BE PREDOMINANTLY OPEN. UH, SO ABOVE THREE FEET IT'LL BE PREDOMINANTLY OPEN. IN THAT CASE, I, I'LL SUPPORT THE AMENDED MOTION. YEAH. 'CAUSE I THINK, UM, SO AS A SECOND COMMENT, YOU KNOW, THE NEIGHBOR, UM, THEIR CLEAR VISION WOULD BE IMPACTED BY THE SOLID IS, IS IMPACTED BY THE SOLID FENCE. AND SO 'CAUSE THEIR DRIVEWAY IS RIGHT THERE. AND SO THIS ALLOWS FOR, FOR AT LEAST SAFER TRANSIT OUT OF THE DRIVEWAY SHOULD THEY PULL OUT OF IT. SO, SO I'LL BE VOTING IN FAVOR OF THAT. RIGHT. ANY OTHER COMMISSIONERS WOULD LIKE TO ADD TO THE DISCUSSION? I I WANTED TO SAY THAT COMMISSIONER BROWN SAY THAT. YEAH, I WANTED TO SAY THAT I, THE APPLICANT PUT THE CORRUGATED, UH, ALUMINUM UP THERE BECAUSE THE KIDS WERE BOTHERING [03:05:01] THE DOGS. NOW WE'RE GONNA BE PROACTIVE. I THINK HE DID A GOOD THING. IF YOU'RE GONNA BE REACTIVE, THEN YOU'RE GONNA TAKE IT DOWN AND SOME KID IS GONNA GET BITTEN BY THE DOG IF THEY'RE POKING AT THE DOGS. SO, SO, SO WHAT WE'RE LEAVING THOUGH IS A THREE FOOT FENCE. SO AS, SO WE'LL SAY MAYBE THE DOG HEIGHT AND SO THE KIDS, SO, SO KIND OF, YOU KNOW, KIND OF MEETING THE BEST OF BOTH WORLDS THAT WE CAN, UH, 'CAUSE 'CAUSE ONE OF THE THINGS THAT WE, YOU KNOW, WE DO NOT WANT TO HAVE HAPPEN IS SOMEBODY PULL OUT OF A DRIVEWAY AND HURT SOMEBODY BECAUSE THEY CAN'T SEE OVER THE FENCE. AND THAT'S ONE OF THE THINGS THAT CAN HAPPEN HERE. I GUESS I WAS REFERRING TO THE BACKYARD AS OPPOSED TO THE FRONT YARD. WELL, YEAH, THE, THE BACK. YEAH. BUT WE'RE ONLY DEALING WITH THE FRONT OF THE HOME. THERE'S NO VARIANCE. ANYTHING IN THE REAR OF THE HOME AT THIS POINT. YEAH. AND IT'S, IS THIS THE FRONT OF THE HOUSE? YES, THAT'S THE, YES. ANY OTHER COMMENTS? I AGREE WITH MR. CHAKA. I AGREE WITH THE MOTION. EXCELLENT. ALL RIGHT. SO WE, WITH THAT, WE'LL HAVE A ROLL CALL. VOTE FOR THE AMENDED MOTION. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT. MS. MIN CHAKA. I CONCUR. MS. BROWN, I CONCUR. MS. HAYES, I CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA I CONCUR WITH THE FINANCIAL FACT. MS. KAPLAN I CONCUR. MR. CODDLE CONCUR. MR. OZUNA I CONCUR AS AMENDED CHAIR ORIAN AND I CONCUR AS AMENDED. SO MOTION PASSES 11 TO ZERO. UH, DID, DID YOU UNDERSTAND WHAT WE AMENDED SIR? UH, UH, THE PART I UNDERSTOOD IS I COULD GO THREE FEET FROM THE BOTTOM. YES. WITH CORRUGATED METAL WITH THE CAP AND THEN ABOVE THAT IT CAN BE CHAIN LINK CHAIN FENCE. OKAY. ALRIGHT, THANK YOU. AND IF YOU HAVE ANY ADDITIONAL QUESTIONS, STAFF ARE MORE THAN HAPPY TO ANSWER THEM. OKAY. THANK YOU. THANK YOU. OKAY. THANK YOU. APPRECIATE THANK YOU EVERYBODY. THANK YOU. THANK YOU CHAIR AND COMMISSIONERS. YES MA'AM. HAVE A GREAT DAY. YOU TOO. UH, ITEM NINE. AGENDA ITEM NINE, BILL 8 23 1 0 3 0 0 8 9. ADDRESS IS 1123 PASADENA STREET COUNCIL. DISTRICT ONE APPLICANT IS STEVEN KENNEDY. A REQUEST FOR ONE A ONE FOOT EIGHT INCH SPECIAL EXEMPTION FROM THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW A SIX FOOT EIGHT INCH, PREDOMINANTLY OPEN FENCE ALONG THE FRONT PROPERTY LINE. AND TWO, A THREE FOOT EIGHT INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT EIGHT INCH PRIVACY FENCE ALONG THE FRONT YARD EXCEPT THE FRONT PROPERTY LINE. AND THREE, A FIVE FOOT TENANT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A NINE FOOT, TWO INCH CLEAR VISION DRIVEWAY FROM THE DRIVEWAY. ZONING IS R FOUR CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED ALONG PASADENA STREET, LOCATED BETWEEN CAPITAL AVENUE AND MICHIGAN AVENUE. THE APPLICANT IS REQUESTING A SPECIAL EXEMPTION TO AN EXISTING SIX FOOT EIGHT INCH, PREDOMINANTLY OPEN FENCE ALONG THE FRONT PROPERTY LINE AND ALONG THE FRONT YARD EXCEPT THE FRONT PROPERTY LINE. THERE WAS A BUILDING WITHOUT A PERMIT ISSUED BY CO COMPLIANCE FOR THE FENCE BEING CONSTRUCTED PRIOR TO THE ISSUANCE OF THE PERMIT. HOWEVER, IT WAS CLOSED OUT PRIOR TO AN APPLICATION FOR A FENCE PERMIT AND AN APPLICATION FOR A VARIANCE. ADDITIONALLY, THE APPLICANT IS REQUESTING A FIVE FOOT 10 INCH VARIANCE TO ALLOW THE EXISTING FENCE TO HAVE A CLEAR VISION OF NINE FOOT TWO INCHES FROM THE DRIVEWAY SITE PLAN AND YOUR SUBJECT PROPERTY, YOUR FIN HEIGHT AND THE CLEAR VISION MEASUREMENT AND YOUR SURROUNDING AREAS. STAFF RECOMMENDATION, FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND B O 8 23 1 0 3 0 0 8 9 BASED ON THE FOLLOWING FINDINGS, THE FENCE WILL ALTER THE CHARACTER OF THE DISTRICT. AND TWO, THERE ARE NO OTHER FENCES OF THIS TYPE AND IMMEDIATE AREA. STAFF RECOMMENDATION FOR CLEAR VISION. STAFF RECOMMENDS APPROVAL AND B O A 23 1 0 3 0 0 8 9 BASED ON THE FOLLOWING FINDINGS, THE PREDOMINANTLY OPEN FENCE DOES NOT IMPEDE VEHICLES FROM ENTERING OR EXITING THE PROPERTY. NOTIFICATION PLANS STAFF MAILED OUT 19 NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF PRESENTATION AND APPLICANT IS AVAILABLE. ALL RIGHT. UM, IS THERE ANY QUESTIONS FOR STAFF BEFORE THEY LEAVE? ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD PLEASE. HOW YOU DOING SIR? HELLO? THERE WAS AN INACCURACY THOUGH, WHICH IF YOU COULD JUST TELL US, SAY I GOT A FENCE PERMIT BEFORE CONSTRUCTION OF THE FENCE AND I APPLIED FOR [03:10:01] THE VARIANCE BEFORE CONSTRUCTION OF THE FENCE. THE PANDEMIC CAME ALONG LATER THEN AND THERE WERE DELAYS WITH THE VARIANCE AND EVERYTHING AND IT KINDA LIKE FADED AWAY. BUT WE HAD STARTED CONSTRUCTION ON THE FENCE, THEN I GOT ADMITTED TO THE HOSPITAL. I WAS IN A COMA FOR A WHILE AND CAME OUT OF IT WITH THIS. YEAH. I'M SORRY TO INTERRUPT. CAN YOU STATE YOUR NAME FOR THE RECORD PLEASE? OH, SORRY'S. OKAY. THAT WOULD BE NICE. STEVEN KENNEDY. ALRIGHT, PLEASE PROCEED. OKAY. WELL THERE WAS A FENCE APPLICATION. I WOULD'VE BROUGHT IT TODAY, BUT IF MR. TREVINO HAD CONTACTED ME BY EMAIL, I ASKED HIM WHAT I NEEDED TO BRING. HE TOLD ME I DIDN'T NEED TO BRING ANYTHING, SO I DIDN'T BRING IT. BUT IF I NEED TO BRING THAT, I CAN BRING IT. THE PROBLEM I HAD IS MY HOUSE WAS ACTUALLY A LITTLE FAMOUS SEVERAL YEARS AGO. IT WAS THE FIRST HOUSE CODE COMPLIANCE DID AGAINST THE 40 HOMES THAT PEOPLE HAD. IT WAS OWNED BY A DOREEN SILVER. NOW BEHIND MY HOUSE IS A DITCH AND A CURVE SO THAT THE CURVE IS RIGHT AT MY HOUSE. SO ALL THE PEOPLE WOULD BE COMING THROUGH THE YARD IN ADDITION TO THAT. MS. SILVER'S SON, SUN. SORRY. GOTTA TAKE A MOMENT TO BREATHE. UM, TONY ZACHARIA USED TO SELL. GET THAT LITTLE POINTY THING. YEAH, IT SHOULD BE. SO IF YOU WANNA THIS WAY, PRESS THAT RIGHT THERE. MR. UH, ZACHARIA USED TO SELL HEROIN AND METH AND EVERYTHING. I HAD A RIGHT THERE. SO THE PROBLEM I, I HAD, I KEPT HAVING PEOPLE COME TO BUY DRUGS AFTER I BOUGHT THE HOUSE. AND THEN MY HOUSE WAS THE CONDUIT TO CUT FROM THE DITCH OUT TO THE FRONT. I STILL HAVE A PROBLEM WITH THE REAL ATHLETIC DRUG ADDICTS 'CAUSE THEY GET ON THAT FENCE AND THEY JUMP OVER THIS CORNER AND THEY ALSO, YOU MAY NOT BE, THERE'S A WINDOW RIGHT THERE. THEY THROW ROCKS AT THE HOUSE TO TRY TO GET THE ATTENTION OF TONY, WHO IS CURRENTLY IN JAIL, BY THE WAY. BUT THEN YOU GET, EVEN THOUGH I'VE BEEN IN THE HOUSE SEVERAL YEARS, THE ADDICTS GET OUTTA JAIL AND THEY COME BACK LOOKING FOR TONY NOT KNOWING THAT HE'S NOW INCARCERATED. ORIGINALLY THE FENCE WAS LOWER, EVERYBODY JUST JUMPED IT. THIS PICTURE MAY BE A LITTLE INAPPROPRIATE, BUT I THINK EVERYONE HERE IS OVER 18. THE PROBLEM I HAVE IS THE HOMELESS PEOPLE WHO CUT THROUGH THE STREET AND OCCASIONALLY I WOULD CATCH 'EM. AND THIS IS BASICALLY WHAT I WIND UP WITH. IT'S A GUY MOONING ME IN MY OWN YARD. SO I DON'T KNOW IF THEY COULD SHOW THAT OR NOT, BUT IT'S AN INAPPROPRIATE PICTURE. IT'S A, I CAN DESCRIBE IT IF SOMEBODY, UH, SHOWING OFF A LITTLE BIT TOO MUCH BODY PARTS. YEAH, HE'S MOONING ME. HE'S GOT HIS PANTS PULLED DOWN AND HE'S SHAKING HIS BUTT AT ME. SO WHEN THE FENCE WAS LOWER, THEY KEPT COMING OVER IT WHEN I WENT TO SIX FEET, WHICH CURIOUSLY ENOUGH I DIDN'T DO WHEN I WAS IN THE COMA AT THE VA. MY SON THOUGHT IT'D BE HELPFUL, HE'D PUT UP THE FRONT PART, BUT I WAS STILL WAITING FOR THE VARIANCE TO COME THROUGH. SO I HAD TO APPLY FOR A NEW ONE, SEEING AS HE PUT IT UP. BUT LIKE I SAID, WHEN IT WAS LOWER, YOU KNOW, THEY, THEY, THEY JUMPED IT WHEN WE, WHEN MY SON PUT THAT IN, WE CUT DOWN ON EVERYBODY JUMPING IT EXCEPT FOR THE LITTLE MORE ATHLETIC ONES. SO THAT'S THE REASON I'M HOPING TO GET A VARIANCE SO I CAN KEEP THE PEOPLE FROM CUTTING THROUGH AND NOT LOSE TOO MANY MORE. I'VE HAD TO REPLACE THE FRONT WINDOW AND THEY MISS WITH THE ROCKS. GOT IT. GOT IT. SO THAT'S IT. I MEAN, THAT'S MY WHOLE REQUEST. OKAY. WELL, UM, STAFF, IS THERE ANYBODY TIME TO SPEAK ANY VOICEMAILS? ONE VOICEMAIL. OKAY. [03:15:01] WE'RE GONNA HEAR A VOICEMAIL. MIGHT HAVE A QUESTION FOR YOU. ALL RIGHT. UH, MY NAME IS JOSE RA. I LIVE AT 1119 PASADENA. AND I'M CALL, UH, MY TELEPHONE NUMBER IS ECHO TWO TEN SEVEN TWO TWO NINETY SEVEN FIFTY. AND I'M CALLING ABOUT THE CASE NUMBER THAT ANSWERED 0 8 9. AND THE REASON I'M CALLING IS THAT I'M, I'M OPPOSED, I'M OPPOSED TO ANY DEVIATIONS REGARDING THE FENCE AT 1123 PASADENA. THAT DOES NOT COMPLY WITH THE, WITH THE CITY'S, UH, CODE. UH, AT 1123 PASADENA. THANK YOU. THAT'S MY NEIGHBOR RIGHT THERE. AND HE'S MAD. 'CAUSE NOW EVERYBODY CUTS THROUGH HIS YARD INSTEAD OF MINE. THAT'S, I'LL REPEAT THAT. I DIDN'T HEAR WHAT THE A HE HE WAS UPSET BECAUSE EVERYBODY'S NOW CUTTING THROUGH HIS YARD AT 1, 1 1 9 PASADENA AS OPPOSED TO THE APPLICANT'S. YEAH, YEAH. BEFORE THEY WERE CUT THROUGH MINE, BUT AFTER I PUT THE FENCE UP, NOW THEY'RE ALL CUTTING THROUGH HIS YARD. SO LET'S, UH, ANY QUESTIONS MAN, MR. MAN. SO, SO ONE OF THE QUESTIONS, IS IT, IS IT A VINYL FENCE? IT'S VINYL, YES. SO YEAH, I'M THE ONLY ONE WITH A VINYL FENCE IN THE NEIGHBORHOOD. EVERYONE ELSE IS EITHER CHAIN, LINK OR WOOD. SO A QUESTION I WOULD HAVE FOR YOU IS, SO, SO PART OF THE DIALOGUE IS, UM, CLEAR VISION AND THEN THE HEIGHT OF A SOLID FENCE, UM, FORWARD OF THE HOUSE. AND SO YOU TALKED ABOUT A SIX FOOT FENCE HELPING A LOT WITH REGARDS TO, UH, CURBING, WE'LL SAY THE PEOPLE JUMPING THE FENCE. AND SO YOU HAVE TWO SIDE FENCES THERE THAT ARE SOLID. COULD THOSE BE CONVERTED TO PREDOMINANTLY OPEN FENCING AS WELL? WELL, AT A COST, BUT I ACTUALLY REPLACED WOODEN FENCES. THEY USED TO BE A WOODEN FENCE THERE, BUT THEY WERE WOODEN FENCES WERE PRETTY OLD. AND I GOT THE PERMIT, I GOT A PERMIT. I, I MEAN I CAN GO GET IT, BRING IT BACK TO Y'ALL. I DON'T KNOW HOW TO WORK THAT, BUT THE PERMIT ALLOWED ME SIX FOOT ON THE SIDE. SOLID. UM, WELL, DOES IT, MY MY UNDERSTANDING OF THE CODE WOULD BE THAT ALONG THE SIDE PASS OR BEHIND THE FRONT OF THE HOUSE WOULD ALLOW FOR THE SIX FOOT BUT FORWARD TO THE HOUSE. UM, THAT REQUIRES KIND OF A DIALOGUE HERE WITH THE BOARD OF ADJUSTMENT. SO WHAT HAPPENS IS YOU, WHEN YOU APPLY FOR A FENCE PERMIT AND YOU'RE NOT ON A CORNER LOT, THE, THEY'RE USUALLY JUST, THEY'RE JUST GRANTED, YOU KNOW, AND THEY, AND THEY'LL PUT CAVEATS AND THEY'LL FOLLOW THE CODE. EVEN IF YOU WERE TO POINT OUT THAT YOU WERE PUTTING IN A SIX FOOT, IT IS STILL POSSIBLE YOU WOULD'VE GIVEN THE PERMIT UNDER THE CAVEAT THAT IT HAD TO MEET THE CODE, WHICH MEANT HEIGHT LIMITATIONS FOR A SOLID FENCE AND THAT, AND IT HAPPENS SOMETIMES. UH, THAT DOESN'T MEAN THAT BECAUSE ONLY THIS BOARD, UNLESS YOU CAME HERE, THEN IT WOULDN'T HAVE NO, I DIDN'T, I WENT OUT THERE AND, YOU KNOW, THEY SENT ME, UM, I MADE THE DIAGRAM AND EVERYTHING AND HAD SIX FOOT FENCES ON THE SIDE AND YEAH, IT WAS, IT'S JUST COMMON. THEY APPROVED IT. IT'S JUST COMMON PRACTICE FOR IT JUST TO BE APPROVED, UH, BECAUSE YOU'RE NOT ON A CORNER LOT. SO, UH, BRAGG COMMISSIONER BRAGG, OH, I'M SORRY, COMM COMMISSIONER MENCHACA ACTUALLY MOTIONS. AND THEN COMMISSIONER BRAGG. UH, SIR, UH, YOU CAN JUST SAY YES OR NO TO THIS. DO YOU HAVE SEVERAL POLICE REPORTS ON THIS? THE POLICE USED TO GET ABOUT 30 REPORTS A MONTH ON MY HOUSE, AND I'VE ACTUALLY RUN INTO THEM AT THE BOLERO AND THE EXXON AND THEY SAY, YOU KNOW, THANKS FOR CUTTING DOWN ON ALL THE SOUNDS LIKE YOU KNOW HIM BY FIRST NAME ALREADY THEN, HUH? ? OH YEAH. ONE OF THEM WAS, I PROBABLY SHOULDN'T. THE EX OWNER OF THE HOUSE, ONE OF THE HOUSE ONE OF 'EM WAS SAYING, WELL, YOU KNOW HER PRETTY WELL. CAN YOU KINDA LIKE, YOU KNOW, HOOK US UP. OFFICE OF PLANT IS ONE OF THE ONES I KNOW THE BEST. SORRY. UM, THE SECOND ONE IS, UH, UH, UH, KNOWING THE CHARACTERISTICS OF VINYL, HOW IT OVER TIME PLASTIC GENERATES OUTSIDE. WELL HOW COME CHAIN LINK WASN'T AN OPTION FOR YOU? A CHAIN LINK FENCE. SO, AM I SUPPOSED TO BE HONEST HERE? CHAIN LINK IS SO GHETTO. SORRY, I GREW UP IN BOSTON AND YOU KNOW, CHAIN LINK IS WHAT WE HAD IN OUR BAD NEIGHBORHOODS, WHICH I GREW UP IN, BUT THANK YOU. COMMISSIONER BRACKMAN? NO, I WAS JUST GONNA POINT OUT FROM GOOGLE EARTH, IF YOU GO BACK TO, UH, 2018, THERE WAS A SIX FOOT, UH, WOODEN FENCE, BUT IT DIDN'T EXTEND PAST THE FRONT CORNER OF THE HOUSE. OKAY. OKAY. UM, ALL RIGHT, ANY OTHER COMMISSIONER COMMENTS, QUESTIONS RIGHT HERE? NOT SIR. WELL, WE'RE GOING TO MAKE A MOTION DELIBERATE ON THIS. SO WE'RE LOOKING FOR A COMMISSIONER TO MAKE A MOTION, UM, ON THIS CASE. [03:20:06] SEE, I'M TRYING TO READ IT ALL CORRECTLY HERE. OKAY, SO, UM, MANNA? YES. COMMISSIONER MANNA. SO I'M MOVED THE BOARD OF ADJUSTMENT, UH, REGARDING CASE NUMBER BO A 2 3 0 OR 1 0 3 0 0 0 8 9 AND MOVED TO THE BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR A, UM, ONE FOOT EIGHT INCH SPECIAL EXCEPTION FOR THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PRE PREDO, SIX FOOT EIGHT INCH, PREDOMINANTLY OPEN FENCE ALONG THE FRONT PROPERTY LINE. AND A, UM, THREE FOOT EIGHT INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT EIGHT INCH PREDOMINANTLY OPEN PRIVACY FENCE ALONG THE FRONT YARD, UH, EXCEPT FOR THE FRONT PROPERTY LINE, UM, SITUATED AT 1 1 2 3 PASADENA STREET. I THINK I DON'T NEED THE SECOND, UH, FRONT PROPERTY LINE. UM, UH, APPLICANT B AND STEVEN KENNEDY. UM, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY YOU FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. D D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR OFFENSE HEIGHT MODIFICATION. THE FENCE HEIGHT BEING REQUESTED IS PREDOMINANTLY OPEN LOCATED ALONG THE FRONT, UH, AND ALONG THE, UH, FRONT YARD, UM, OF THE PROPERTY LINE. UH, IF GRANTED STAFF FINDS REQUESTS WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE AS THE FENCE IS INTENDED TO PROTECT THE PROPERTY, BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PROMOTING SENSE OF COMMUNITY. THE PROPOSED FENCE, UH, WOULD, UH, BEING REQUESTED, UH, WOULD BE LOCATED ALONG THE FRONT OF THE PROPERTY, UM, AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT BY ONE FOOT EIGHT INCH AND THREE FOOT EIGHT INCH. THE FENCE IS PREDOMINANTLY OPEN, WHICH STILL SERVES THE PUBLIC WELFARE AND CONVENIENCE. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE SPECIAL EXCEPTION WILL NOT SUBSTANTIALLY INJURE THE, UH, NEIGHBORING PROPERTY AS A FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SPECIAL, THE ADDITIONAL FENCE HEIGHT LOCATED ALONG THE FRONT OF THE PROPERTY LINE AND ALONG THE FRONT YARD, UH, OF THE SUBJECT PROPERTY DOES NOT APPEAR TO ALTER THE CHARACTER OF THE DISTRICT FOR WHICH THIS PROPERTY'S, WHICH WILL PROVIDE SECURITY AND PRIVACY OF THE SUBJECT PROPERTY. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT FOR THIS REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE PURPOSE OF THE FENCING STANDARD IS TO PROTECT THE HEALTH, SAFETY AND WELFARE, GENERAL WELFARE OF THE PUBLIC. THE SPECIAL EXCEPTION, UH, REQUEST IS TO ALLOW A SIX FOOT AGE, SIX FOOT EIGHT INCH TALL FENCE TO ADD SECURITY FOR THE OWNER. THEREFORE, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. AND THE MOTION. SECOND. SECOND BY COMMISSIONER ZUNA. COMMISSIONER MANON. SO I DID READ THIS SO THAT THE, THE SIDE FENCING, I GUESS MY PREFERENCE WHEN I READ THIS WOULD BE THAT IT ALLOWS FOR THE SOLID FENCING FOR THE FIRST THREE FOOT, AS WE TALKED ABOUT AN EARLIER CASE, AND THEN ALLOW FOR THE, FOR THE HIGHER PRIVACY FENCE TO, YOU KNOW, PROVIDE THAT SECURITY. SO, SO MAKE IT HARDER FOR PEOPLE TO JUMP OVER. SO THAT'S KIND OF HOW I WANTED TO READ THAT MOTION. SO, SO THE FRONT COULD BE LEFT AS IS AND THEN THE SIDE, IF YOU WANT TO PUT IN SOLID OR JUST CHANGE IT SO IT'S PREDOMINANTLY OPEN. UM, THAT'S HOW I READ THE MOTION. SO, OKAY. COMMISSIONER ZUNA, RIGHT, SO I'M GONNA BE SUPPORTING THE MOTION AS READ. I MEAN, THE APPLICANT WENT THROUGH THE APPROPRIATE VARIANCE PROCESS WHEN HE WAS SEEKING THE FENCE, BUT THROUGH MEDICAL, UM, CONDITION BEYOND HIS CONTROL, YOU KNOW, THE, THE SON PUT UP THE FENCE WHEN, WHEN THE VARIANCE WAS IN PROCESS. ALSO THE ONE OPPOSITION WE HEARD, I THINK THERE WAS EXTENUATING CIRCUMSTANCES ON THAT NEIGHBOR THAT WAS OPPOSING THE VARIANCE. AND, AND, UH, UH, YOU KNOW, I I THINK THERE'S SOME, UH, OBVIOUSLY EXTENUATING CIRCUMSTANCES, UM, WITH THE NEIGHBOR AND, AND, AND THE HARDSHIP THAT I THINK HAS CREATED HERE AS I'M SUPPORTING THE MOTION. OKAY. ANY OTHER COMMISSIONERS LIKE TO ADD? OKAY, I IF YOU CAN, YEAH, I CURIOUS. OKAY, SO I WOULD PREFER TO HAVE THE PREDOMINANTLY OPEN FENCE FROM THE STREET TO THE HOUSE LINE. AND ARE YOU SAYING THAT YOU ARE READING IT AS EITHER WAY? NO, I'M READING IT. I APOLOGIZE. SO I'M READING IT AS PREDOMINANTLY OPEN, BUT, BUT PER COAT, IT DOES ALLOW FOR THREE FOOT, UH, UH, SOLID ON THE BOTTOM. OH, I SEE. THREE FOOT AND THEN, AND THEN THE REST OF IT COULD BE PREDOMINANTLY OPEN. SO, SO, OKAY, SO HE COULD LEAVE THE FRONT FENCE AS IS. SO NOTHING NEEDS TO BE CHANGED THERE, BUT, BUT ASKING THAT, YOU KNOW, GUESS HE COULD LEVERAGE THE SIDE A LITTLE BIT WITH WHAT'S THERE AND THEN TOP IT WITH THE, WITH THE PREDOMINANTLY OPEN. OKAY. ANYONE ELSE? ALL RIGHT. HEARING NONE, UH, WE'RE GONNA TAKE A ROLL CALL. VOTE ON THAT. MR. MANNA. I CONCUR WITH THE FINDINGS [03:25:01] OF FACT. MR. UNA. I CONCUR. MR. MENCHACA, I CONCUR. MS. BROWN CONCUR. MS. HAYES CONCUR. MS. CRUZ I CONCUR. MR. ZUNIGA I CONCUR. MS. KAPLAN CONCUR. MR. CODDLE CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES 11 TO ZERO. SO WHAT WE JUST DID WAS, UH, WE PASSED A MOTION FOR YOU TO KEEP THE FENCE ALONG THE FRONT PROPERTY LINE, BUT ON THE SIDES, ONCE YOU GO ABOVE THREE FEET, IT HAS TO BE PREDOMINANTLY OPEN. YOU NEED TO MAKE IT OPEN. YES SIR. UH, OR YOU CAN MAKE IT THE WHOLE WAY OR YOU CAN JUST ABOVE THREE FEET. IT'S UP TO YOU. UH, SO THE NEXT ITEM IS CLEAR VISION. WHO'D LIKE TO READ THAT? COMMISSIONER MADO. LET'S SEE, HOLD ON A SECOND HERE. , REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 8 9, I MOVE THAT THE BOARD OF ADJUST BOARD OF ADJUSTMENT GRANT A FIVE 10 VARIANCE FOR THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A NINE FOOT, TWO INCH CLEAR VISION DRIVEWAY SITUATED AT 1 1 2 3 PASADENA STREET. APPLICANT BEING STEPHEN KENNEDY 'CAUSE THE TESTIMONY PRESENTED TO US AND FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH AS AL ENFORCEMENT OF THE PROVISIONS OF THE EC AS ADMITTED, WOULD RESULT IN AN ARY HARDSHIP. SPECIFICALLY FIND THAT THE VARIANCE IS NOT CONTR. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. THE APPLICANT IS REQUESTING A FIVE FOOT 10 INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE NINE FOOT TWO INCHES FROM THE FRONT DRIVEWAY. IN THIS CASE, A PREDOMINANTLY OPEN FENCE DOES NOT IMPEDE VEHICLES FROM ENTERING OR EXITING THE PROPERTY. STAFF FINDS THAT THIS REQUEST IS NOT CONTRARY AS THIS DISTANCE DOES NOT PROPOSE ANY SAFETY ISSUES. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT ALTERING THE FENCE TO MEET THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT, UH, FROM THE FRONT DRIVEWAY. THIS WOULD RESULT IN UNNECESSARY, UH, THIS RESULT ISN'T UNNECESSARY AS THE FENCE IS EXISTING. THREE, BY GRANTING THE VARIANCES, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE FENCE IS CURRENTLY NINE FOOT TWO INCH FROM THE FRONT DRIVEWAY. STAFF FINDS THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH THE REQUESTED VARIANCE AS ADEQUATE SIGHT DISTANCE IS PRESENTED FOR THE VARIANCE WILL NOT AUTHORIZE THE AUTHORIZATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH ITS VARIANCE. FIVE. SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED. IF GRANTED, THE CLEAR VISION DISTANCE WILL BE NINE FOOT TWO INCHES FROM THE FRONT DRIVEWAY, WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS OTHER FENCES WERE SEEN IN IMMEDIATE AREA WITH SIMILAR CLEAR VISION DISTANCES SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS NOT DUE TO, UH, APPEAR TO BE MERELY FINANCIAL. END OF MOTION. SECOND. SECOND. BY COMMISSIONER GRUS. COMMISSIONER MANOCK. YES. YOU KNOW, ALONG WITH THE FIRST ONE, THIS ONE KIND OF TIES IN. AND SO WITH THE PREDOMINANTLY OPEN FENCE, IT, IT WILL PROVIDE FOR SAFETY ON BOTH, UH, UH, BOTH OF YOUR NEIGHBORS FOR WHEN THEY WANT TO, UH, ENTER AND EXIT THEIR DRIVEWAYS. AND SO, UM, SO THEREFORE I WILL BE APPROVING THIS AS READ COMMISSIONER CRUZ. MM-HMM. , I CONCUR WITH MR. MANNA. I DON'T SEE A PROBLEM WITH THAT. ANY OTHER COMMISSIONERS LIKE THAT? HEARING NONE OF US HAVE A ROLL CALL VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. MENCHACA. I CONCUR. MS. BROWN. I CONCUR. MS. HAYES. I CONCUR. MR. ZUNIGA. I CONCUR. MS. KAPLAN I CONCUR. MR. CODDLE CONCUR. MR. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ONE, 11 TO ZERO. SO CONGRATULATIONS. AND IF YOU HAVE ANY QUESTIONS, YOU CAN TALK TO STAFF AND THEY'LL BE GLAD TO HELP YOU. OH NO. I KNOW WHAT I GOTTA DO. I GOTTA MAKE THE TOP TWO FEET. SEE-THROUGH. YES SIR. THANK YOU. THANK YOU. Y'ALL HAVE A GOOD WEEKEND. YOU TOO. UH, SO WE, UH, WE'RE GONNA TAKE A, DOES ANYBODY NEED A BREAK? NO. OKAY. SO WE'RE GONNA MOVE FORWARD, UH, COMMISSIONER CAPITAL. WE'LL BE BACK SOON. ITEM 11 [03:30:08] PO OH EIGHT DASH TWO THREE DASH 0 3 0 0 9 2. ADDRESS IS 4 2 1 9 SHADOW ELM WOODS IN CITY COUNCIL DISTRICT NUMBER EIGHT. APPLICANT IS ELAINE SANDER. AND THE REQUEST IS FOR A THREE FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE WITH OVERHANG TO BE ONE FOOT THREE INCHES FROM THE SIDE PROPERTY LINE. AND THE CURRENT ZONING IS R SIX. THE SUBJECT PROPERTY IS LOCATED ALONG SHADOW ELM WOODS NORTHWEST OF THE INTERSECTION OF DAYS OF OLIVE ROAD AND LOCK HILLS SELMA ROAD, UM, RESULTING FROM A ZONING U D C INVESTIGATION FOR A PROPERTY SETBACK VIOLATION. THE APPLICANT IS SEEKING A VARIANCE FOR THE SIDE SETBACK. THE APPLICANT CONSTRUCTED AN ACCESSORY STRUCTURE WITH OVERHANG IN THE REAR YARD, MEASURING ONE FOOT THREE INCHES FROM THE SIDE. PROPERTY LINE ACCESSORY STRUCTURES CONSTRUCTED IN SAN ANTONIO ARE REQUIRED TO MAINTAIN FIVE FEET FROM THE SIDE PROPERTY LINE AND MUST OBTAIN A VARIANCE TO DEVIATE FROM THIS MINIMUM. UPON SITE VISITS, STAFF OBSERVED A 24 FOOT PAVED ALLEYWAY, A BITING THE REAR PROPERTY LINE, RESULTING IN THE APPLICANT NOT REQUIRING A VARIANT TO THE REAR SETBACK. AND THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY. AND THEN THIS IS THE ACCESSORY STRUCTURE, UM, IN THE REAR YARD SEEN FROM THE ALLEYWAY. AND THEN THIS IS A PICTURE OF THE SIDE SETBACK. AND THEN THIS IS THE SIDE SETBACK MEASUREMENTS. AND THEN THIS IS AN ALT, AN ALTERNATE VIEW FROM THE FRONT YARD. AND THEN THIS IS A PHOTO OF THE 24 FOOT PAVED ALLEYWAY IN THE REAR. AND THEN THE NEXT COUPLE PHOTOS ARE THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE SIDESTEP BACK VARIANCE STAFF RECOMMENDS, UM, DENIAL AND BO O A DASH 23 DASH 3 0 0 0 9 2 BASED ON THE FOLLOWING. UH, ONE, THIS DISTANCE IS NOT SUITABLE AS IT IMPOSES ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR BY TEAM. BY BEING TOO CLOSE TO THIS SHARED PROPERTY LINE, UH, WATER RUNOFF MAY IMPOSE AND RISK OF FIRE SPREAD JUST GREATER. AND TWO, THE APPLICANT COULD POTENTIALLY RELOCATE THE STRUCTURE. AND THIS IS THE NOTIFICATION PLAN. UH, STAFF MAILED OUT 29 NOTICES. UH, ONE RETURNED IN FAVOR, ONE IN OPPOSITION, AND WE HAD NO RESPONSE FROM THE WOODS OF SHANO NEIGHBORHOOD ASSOCIATION. AND THEN THESE ARE THE PUBLIC RESPONSES. THE LEFT IS THE OPPOSITION RESPONSE, AND THEN THE RIGHT IS THE ONE IN FAVOR. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. OKAY. THANK YOU VERY MUCH. THANK YOU. IS THAT THE APPLICANT? COME FORWARD. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CASE. YES, GOOD AFTERNOON. MY NAME IS ELAINE SANDERS. I AM A PROFESSOR OF ACCOUNTING AT THE UNIVERSITY OF TEXAS AT SAN ANTONIO. AMONG MY MANY SERVICE ACTIVITIES THAT I DO, I AM THE SUPERVI SUPERVISOR OF ACCOUNTING ORGANIZATIONS AND SOCIETIES. AS SUCH, MY HUSBAND AND I HAVE A NUMBER OF STUDENT ORGANIZATION EVENTS AND SOCIALS AT OUR HOME EVERY YEAR. THERE'S A POINT TO THIS. SO OVER THE YEARS WE HAVE FILLED UP A 30 FOOT LONG STORAGE UNIT AT PUBLIC STORAGE WITH TABLES, CHAIRS, HEATING UNITS, FANS, UH, COLLECTION BOXES FOR BLUE SANTA, UH, SERVING PIECES AND TONS AND TONS AND TONS OF CHRISTMAS DECORATIONS, CHRISTMAS TREES, HALLOWEEN DECORATIONS, THANKSGIVING FOOTBALL, ANYTHING YOU CAN THINK OF THAT WE HAVE AS TIME HAS PASSED AND WE HAVE AGED, I HAVE NECK PROBLEMS, MY HUSBAND HAS BACK PROBLEMS AND GOING TO STORAGE, LOADING EVERYTHING INTO A PICKUP, TAKING IT HOME, UNLOADING IT AFTER THE EVENTS, LOADING IT UP, TAKING IT BACK TO STORAGE AND UNLOADING IT HAS BECOME A PHYSICAL ISSUE. SO WE DECIDED THAT WE WOULD JUST BUILD A STORAGE BUILDING AT HOME, MOVE IT ALL HOME WHERE WE COULD JUST TAKE IT OUT, SET IT UP AND PUT IT BACK. AND THAT'S WHAT WE DID. SO WE HAD A CONTRACTOR COME OUT, HE BUILT THE STORAGE BUILDING. IT IS ON A CONCRETE PAD. IT IS BUILT OF THE SAME MATERIALS AS OUR HOME. AND ONCE IT WAS COMPLETED, THE STRUCTURE WAS COMPLETED. WE RECEIVED A CITATION BECAUSE THE BUILDING IS OVER THE SETBACK LINE TO OUR NEIGHBOR'S PROPERTY. [03:35:01] SO WE IMMEDIATELY HAD A SURVEY CONDUCTED, AND THAT'S THE SURVEY THAT WAS UP EARLIER. AND, UH, WE THOUGHT, OH MY GOSH, YOU KNOW, WE'RE LIKE 19 INCHES OVER THAT SETBACK. AND THEN AFTER WE HAD A CHANCE TO VISIT WITH, WITH THE GUYS HERE, WE FOUND OUT THAT IT'S NOT A THREE FOOT SETBACK, IT'S A FIVE FOOT SETBACK. SO WE ARE EVEN MORE OVER THE PROPERTY LINE, OR NOT THE PROPERTY LINE, BUT THE SETBACK LINE THAN WE THOUGHT. SO THAT'S WHY WE'RE HERE. UM, WE CANNOT MOVE THE BUILDING. THE BUILDING IS ON A CONCRETE PAD AND IN FRONT OF THE BUILDING. IT'S, IT'S ON A VERY RESTRICTED LOCATION. AND IN FRONT OF THE BUILDING IS WE HAVE A ELECTRONIC GATE IN THE BACK THAT GOES ACROSS OUR DRIVE AND ALL OF THE, THE MOTOR IN THE MACHINERY AND EVERYTHING FOR THAT GATE IS IN FRONT OF THE BUILDING. SO WE, WE CAN'T, EVEN IF WE CUT IT LOOSE FROM THE CON CONCRETE, WE, WE COULDN'T MOVE IT FORWARD THERE. SO OUR NEIGHBOR DOESN'T CARE. I MEAN, IT, IT, THIS IS A, A MOOT POINT TO HIM. HE'S FINE. AND HE SUBMITTED A LETTER ALONG WITH OUR APPLICATION FOR THE VARIANCE, STATING THAT FACT. AND WE ARE PERFECTLY WILLING AND, YOU KNOW, WE'RE ALL IN AGREEMENT ABOUT THIS. SHOULD ANYTHING ARISE THAT WE HAVE TO SAY TAKE THE FENCE DOWN IN THIS AREA FOR WHATEVER REASON, WE WILL TAKE THE BURDEN FOR HAVING THAT REPLACED AND WE'LL MOVE ON. SO WE'RE HOPING THAT WE WILL BE ABLE TO GET A VARIANCE TO KEEP OUR BUILDING AND TO MOVE FORWARD. AND I'LL BE HAPPY TO ANSWER YOUR QUESTIONS OR MY HUSBAND WILL. OKAY. UM, WE'LL START OFF OF FIRST, WAS THERE ANY, UH, COMMENTARY THAT NEEDS TO BE VOICEMAILS OR ANYONE SIGN UP TO SPEAK? UH, THERE IS NO PUBLIC COMMENT. ALL RIGHT. WE'RE GONNA OPEN THIS UP TO QUESTIONS. YOU'D LIKE TO GO FIRST PER MR. CRUZ? UH, MA'AM, YOU'RE SAYING YOUR NEXT DOOR NEIGHBOR, WHAT'S THE ADDRESS FOR YOUR NEIGHBOR? BECAUSE THERE'S ONE OF YOUR OTHER NEIGHBORS THAT IS OBJECTING TO IT. YES. THE NEIGHBOR THAT'S OBJECTING IS DIRECTLY BEHIND US AND HIS OBJECTION IS THAT THE BUILDING IS BLOCKING HIS VIEW, BUT HIS ONLY VIEW IS THE BACK OF OUR HOUSE. SO ANYWAY, THAT'S OKAY. UM, WE WE'RE NOT SURE WHAT, WHAT THE THING IS WITH THAT. UH, THE NEIGHBOR IS OUR NEIGHBOR TO, IF WE'RE FACING OUR HOUSE, IT'S THE NEIGHBOR TO THE LEFT IS THE ONE THAT IS AFFECTED BY OUR PROPERTY LINE SETBACK. AND THAT'S THE ONE THAT SAYS HE SEES NO PROBLEM WITH IT. HE HAS NO PROBLEM WITH IT. OH, AND THE ONE ON THE OTHER SIDE, I'M HILLARY SANDERS. UH, THE ONE ON THE OTHER SIDE OF US, UH, SHE HAS NO OBJECTION EITHER. UH, I BROUGHT HER, UM, QUESTIONNAIRE UP EARLIER. IT WASN'T SUBMITTED BY MAIL. OKAY. OKAY, GREAT. THANK YOU. ANY OTHER QUESTIONS? YEAH, CAN WE SEE COMMISSIONER, CAN WE SEE THE, UM, YOUR NEIGHBOR'S APPROVALS? 'CAUSE WE SAW, WE DIDN'T SEE THAT. OKAY. HE DOESN'T HAVE IT. I DO. OKAY. HE HAS IT. HE HAS IT. NO, IT'S A TYPEWRITTEN ONE. OH, THE NEIGHBOR, THE NEXT DOOR NEIGHBOR. THE NEXT DOOR NEIGHBOR. IT'S WITH THE APPLICATION. HERE YOU GO. OKAY. MANNA COMMISSIONER MANNA COULD, UH, COULD STAFF TO UH, BRING UP THE GOOGLE DRIVE IN THE ALLEYWAY AND KIND OF WALK THROUGH A LITTLE BIT OF IT SO WE CAN POINT OUT, UM, SOME OF THE HOMES THAT ARE THERE. 'CAUSE I DO SEE A, A STORAGE UNIT THAT LOOKS MAYBE SIMILAR TO THIS AS WELL AS A, A GIANT PARKING STRUCTURE THAT'S AGAINST THE GATE. SO JUST TRYING TO, YOU KNOW, GET A IDEA, UM, I GUESS WHAT THE REST OF THAT DRIVEWAY LOOKS LIKE. AND THEN ALSO IF YOU CAN PUT OUT WHICH HOUSE IS YOURS TOO. SO, WELL THAT'S OURS ON THE BACK. THE RIGHT, THE GAZEBO. THIS, THAT WAS A SPA. AND WE [03:40:01] TOOK THAT DOWN AND THAT'S WHERE WE BUILT THE STORAGE UNIT. THE STORAGE BUILDING. AND THEN GO AHEAD. IF YOU WERE TO GO, UH, ONE HOUSE DOWN ON THE OTHER SIDE OF THE ALLEY IS PROBABLY WHERE YOU SEE THE OTHER STORAGE BUILDING AND A PARKING STRUCTURE. AND THAT IS, THAT'S ABOUT THE SAME SIZE. IT'S NOT THE SAME HEIGHT. OURS IS A LITTLE BIT TALLER, BUT THAT'S ABOUT THE SAME SIZE. MACHACA. COMMISSIONER MANCHACA, I HAVE A QUESTION FOR STAFF. AND LOOKING AT THE SITE PLAN HERE, IS THIS SLAB OVER, UH, ELECTRICAL EASEMENT? YES. IS THAT THE ISSUE OF, UH, AN ISSUE? NO, IT'S A, WE'RE HERE 'CAUSE OF THE SETBACK, BUT IT IS, THE SURVEYOR DIDN'T NOTE THAT IT IS OVER A PLATTED THREE FOOT AND THERE IS A TRANSFORMER THERE. IF YOU GO TO THE ALLEY AND THE, THE WIRES ARE BEHIND THE BUILDING, UH, THEY'VE THE TELEPHONE ELECTRIC, WHATNOT LIKE THAT, UH, THE ELECTRIC IS ON THE OTHER SIDE OF THE, UH, NEIGHBOR'S FENCE. AND I HAVE THE CABLE AND TELEPHONE AND I HAVE 14 INCH, UH, WHAT DO YOU CALL 'EM? LITTLE PAVERS. PAVERS ON TOP OF THOSE AND THEN GRAVEL BESIDE IT. SO IT CAN BE EASILY TAKEN UP AND IT'S HARDLY BURIED AT ALL, TO BE HONEST WITH YOU. THANK YOU FOR CLARIFYING THAT. MM-HMM. , APPRECIATE THAT. COMMISSIONER ZUNA. FIRST I WANNA THANK YOU FOR YOUR, UM, YOUR CONTRIBUTION TO THE DIFFERENT ORGANIZATIONS THAT YOU, YOU SPENT TIME WITH. UM, MY QUESTION IS IN REGARDS TO THE, UM, STORAGE UNIT THAT YOU HAD BUILT, DID YOU GO THROUGH A COMPANY TO HAVE THE STORAGE UNIT BUILT AND, AND THEY PROMISED YOU THAT THEY WERE GONNA PROBABLY APPLY, UH, COMPLY WITH EVERY SETBACK AND EVERY ORDINANCE AS YEAH, IT WAS JB WOLF. OKAY. AS FAR AS I KNOW, ONE OF THE TWO MAJOR, UH, STORAGE BUILDINGS. RIGHT, RIGHT. AND I DID ASK HIM BASICALLY TO GET A PERMIT. HE SAID, OH, WE DON'T NEED ONE. IT'D BEEN, WE DON'T FOR THE SIZE OF IT, BUT IT'D BEEN NICE TO KNOW ABOUT THAT VARIANCE. AND I CALLED THEM AND ASKED THEM WHAT CAN BE DONE ABOUT IT. AND THEY HAVEN'T RETURNED MY PHONE CALLS. THEY SHOULD OBVIOUSLY KNOW THE REQUIREMENTS AND I HAD FOUR DIFFERENT PEOPLE BID IT. NONE OF THE FOUR COMMENTED ON WHERE THE PAD WAS GONNA BE. GOTCHA. SO, ALRIGHT. THANK YOU. MM-HMM. . ALRIGHT. AND SO I HAVE A QUESTION. UM, DID YOU GET AN ENCROACHMENT AGREEMENT FROM C P S TO, TO ENCROACH INTO THEIR AIR EASEMENT? FIRST? I HEARD ABOUT IT . SO YOUR, YOUR SURVEY AND PLAQUE SHOWS A A C P S ELECTRIC EASEMENT IN THE BACK CORNER. YES. RIGHT THERE. YEAH. AND YOUR STRUCTURE IS OVER THEIR EASEMENT. THERE'S A TRANSFORMER THERE AND THEY NEED THAT ROOM TO GET IN THERE TO SERVICE THE TRANSFORMER. SO YEAH, THE TRANSFORMER'S ON THE OTHER SIDE OF THE ALLEY. SO YOU DON'T HAVE THE TRANSFORMER ON YOUR SIDE? NO, NO, IT'S ACROSS THE ALLEY. THE TRANSFORMER'S ACROSS THE ALLEY, THERE'S A THREE FOOT EASEMENT AND GOTTA REALIZES THE SURVEY WAS DONE AFTERWARDS. RIGHT. AND SO IT SHOWS THE EASEMENT, THE THREE FOOT EASEMENT ON BOTH SIDES. OKAY. SO THAT'S WHAT I WAS CURIOUS ABOUT. 'CAUSE WHEN I GO TO GOOGLE OR SOMETIMES YOUR, YOUR BEARINGS ARE DIFFERENT AND I SEE THIS TRANSFER, I'M THINKING OKAY, THAT'S WHERE IT IS. BUT, BUT THEY DO HAVE AN ELECTRICAL EASEMENT THERE. NORMALLY THEY WOULD NEED ONE OF THAT SIZE TO PUT LIKE A DISTRIBUTION BOX OR, OR THE TELEPHONE COMPANY HAS ONE FOR, FOR DISTRIBUTION PURPOSE. I THINK THAT'S A, IT'S A JUNCTION. IT'S OUR HOUSE AND JUAN'S HOUSE. THE ONE NEXT DOOR. I THINK THAT'S WHERE THOSE TWO MEET. BUT THE ACTUAL TRANSFORM TRANSFORMERS, IT'S ON THE OTHER SIDE ACROSS THE ALLEY. IT'S A BIG BOX, BUT THEY WORK ON THE STUFF IN, ON HIS SIDE OF THE YARD. 'CAUSE THEY JUST, IN THE PAST SIX MONTHS THAT THEY'VE BEEN OUT THERE WORKED ON IT. OKAY. UM, AND THEN FINALLY YOU ARE OVER THE EDWARDS AQUIFER. DID YOU GET, UH, PERMISSION TO INCREASE IMPERVIOUS COVER IN YOUR YARD FROM THE STATE? NO. NO. NO SIR. OKAY. UM, ALRIGHT. AND THEN YOUR NEIGHBORHOOD ASSOCIATION IS NOT MANDATORY, CORRECT? NO, IT IS NOT. AND I'VE CONTACTED THEM AND BASICALLY THEY SAID, BECAUSE IT'S NOT MANDATORY, WE'RE NOT GONNA GET INVOLVED. YEAH. YOUR DEED RESTRICTIONS THAT YOU HAVE A, THEY USED TO HAVE AN ARCHITECTURAL CONTROL COMMITTEE AND MAYBE SINCE DEFUNCT, BUT, UH, BUT THAT WAS A LONG TIME AGO. I WAS READING THROUGH SOME OF YOUR RESTRICTIONS ON THERE, SO I WAS CURIOUS. UM, ALRIGHT, IS THERE ANY OTHER QUESTIONS? NOPE, NOTHING ELSE. ALL RIGHT. IF THERE'S ANYTHING LIKE TO ADD BEFORE WE MA UH, UM, HAVE A MOTION DELIBERATE I THINK. ALRIGHT, GREAT. UM, I'M LOOKING FOR A MOTION BRAMAN. I'LL MAKE A MOTION. COMMISSIONER BRAMAN, REGARDING CASE NUMBER BO O A DASH 23 DASH 0 3 0 0 9 2. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A THREE FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE [03:45:01] FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ACCESSORY STRUCTURE WITH OVERHANG TO BE ONE FOOT THREE INCH FROM THE SIDE PROPERTY LINE SITUATED AT 4 2 1 9 SHADOW ELM WOODS. APPLICANT BEING ELAINE SANDER. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST WAS REPRESENTED BY RESTRICTED SETBACKS. TO PROVIDE SPACING BETWEEN PROPERTY LINE AND STRUCTURES, THE APPLICANT IS REQUESTING A VARIANCE TO THE SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE FOOT THREE INCH FROM THE SIDE. PROPERTY LINE STAFF FINDS THIS DISTANCE IS SUITABLE AS IT DOES NOT IMPOSE ON THE PUBLIC INTEREST OF THE ADJACENT NEIGHBOR. STAFF FOUND THE WA WATER RUNOFF WOULD NOT IMPOSE AND RISK OF FIRE SPREAD IS NOT A THREAT. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT BUILDING THE STRUCTURE FIVE FEET FROM THE SIDE PROPERTY LINE, WHICH WOULD RESULT IN AN UNNECESSARY HARDSHIP AS IT WOULD PREVENT THE APPLICANT FROM OBSTRUCTING, FROM CONSTRUCTING A SIZABLE ACCESSORY STRUCTURE AND REAR YARD SPACE WOULD BE REDUCED. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE STRUCTURE WILL BE ONE FOOT THREE INCH FROM THE SIDE PROPERTY LINE, WHICH WILL OBSERVE THE SPIRIT OF THE ORDINANCE BECAUSE IT WILL PROVIDE ADEQUATE DISTANCE FROM THE NEIGHBORING PROPERTY AND IS ABIDING BY ALL THE OTHER BUILDING REQUIREMENTS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE STRUCTURE WILL BE ONE FEET THREE INCH FROM THE SIDE PROPERTY LINE. THIS DISTANCE PROVIDES ADEQUATE SPACING, WHICH IS NOT LIKELY TO INJURE ADJACENT CONFORMING PROPERTIES AND ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. FURTHERMORE, OTHER ACCESSORY STRUCTURES WERE SEEN IN THE IMMEDIATE AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY, OF WHICH THE VARIANCE IS SOUGHT. ITS TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE HAS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SPACING IN THE REAR YARD. THE CIRCUMSTANCES APPEAR TO BE THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. END OF MOTION. SECOND. SECOND. SECOND. BY COMMISSIONER KAPLAN. COMMISSIONER BRAGMAN. UM, YEAH, I'LL BE IN SUPPORT OF THE MOTION. THE NEIGHBOR, UH, THAT WOULD BE MOST IMPACTED HAS STATED IN WRITING THAT HE DOESN'T HAVE A PROBLEM WITH IT. UH, THE ELECTRICAL QUESTION REGARDING THE EASEMENT NOTED ON THE SURVEY HAS BEEN ADDRESSED, UH, IN TERMS OF WHERE THE, THE, UH, TRANSFORMER BOX IS, UM, AND THE FACT THAT THE APPLICANT IS PUT DOWN PAVERS AND, AND GRAVEL. SO IT'S EASY TO, TO PULL UP IF NEEDED, UH, TO HAVE ACCESS. UH, AND THERE IS NO NEIGHBORHOOD ASSOCIATION TO COMMENT ON IT. SO I'LL BE IN SUPPORT OF THE MOTION. COMMISSIONER KAPLAN. RIGHT. AND ALSO THE FACT THAT THE NEIGHBORS ARE IN FAVOR OF IT, ESPECIALLY YOUR IMMEDIATE NEIGHBOR, IS I'LL BE IN SUPPORT OF IT TOO, FOR THAT REASON. ANYONE ELSE LIKE TO ADD MINKA? COMMISSIONER MINKA? I APPROVE TWO. AND, UH, WHEN YOU HAVE A GARAGE SALE, LET US KNOW. . OKAY? THERE'S NOTHING ELSE. LET'S HAVE A ROLL CALL VOTE PLEASE. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. KAPLAN. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MS. BROWN. I CONCUR. MS. HAYES. I CONCUR. MS. CRUZ. I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. CODDLE CONCUR. MR. OZUNA, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. UH, IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GO ASK STAFF. THANK YOU. THANK YOU. THANK YOU. AND ANYBODY NEED A NUMBER SO I CAN CALL 'EM FOR WHEN WE DO HAVE A GARAGE SALE? YOU CAN HELP HAUL EVERYTHING NOW. THANK YOU. ITEM 12, PLEASE. OKAY, THANK YOU. APPRECIATE IT. THANK YOU. ITEM 12 IS BO OA. 23 1 0 3 0 0 0 9 3. LOCATED AT 2 22 HAWTHORNE STREET, DISTRICT FIVE APPLICANT BEING AND MR. DIAZ, THERE'S A REQUEST FOR A NINE FOOT TWO INCH VARIANCE FROM THE MINIMUM OF 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A 10 UH, INCH FRONT SETBACK AND A FOUR FOOT 11 VARI FROM [03:50:01] THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH A ONE INCH SIDE SETBACK AND A FIVE FOOT VARI FROM THE MINIMUM 15 FEET. CLEAR VISION TO ALLOW DRIVEWAY WITH A 10 FOOT CLEAR VISION. IT'S ONLY BEING R FOUR. SUBJECT PROPERTY IS LOCATED SOUTH OF DOWNTOWN, EAST OF I H 35 AND WEST OF PLEASANTON ROAD. THE HAS THE AREA HAS AN ESTABLISHED FENCE LINE THAT ARE PREDOMINANTLY, UM, SMALL LOTS. THE PROPERTY OWNER BUILT A CAR WITH NO PERMITS AND WAS CITED BY CO COMPLIANCE AND SITE VISIT STAFF FOUND CLEAR VISION WAS OUTTA COMPLIANCE. THIS IS THE SITE PLAN SHOWING THE ONE INCH SIDE SETBACK, 10 FOOT FRONT SETBACK, AND THE OTHER 10 FEET CLEAR VISION FRONT OF THE PROPERTY CLOSER. LOOKING TO THE FRONT OF THE PROPERTY, UH, SURROUNDING AREA STAFF RECOMMENDATION FOR THE FRONT AND SIDE CARPORT STAFF RECOMMENDS DENIAL AND BO O A 23 1 0 3 0 0 0 9 3. BASED ON THE FOLLOWING FACT, THE ESSENTIAL CHARACTER IN THE NEIGHBORHOOD WILL BE ALTERED IN A REDUCED SIDE SETBACK. INJURIES TO NEIGHBORING PROPERTY AND STAFF. RECOMMENDATION FOR CLEAR VISION STAFF RECOMMENDS APPROVAL IN BO O A 2 3 1 0 3 0 0 0 9 3. BASED ON THE FOLLOWING FACTS, THE ESSENTIAL CHARACTER IN NEIGHBORHOOD ESTABLISHED THE CURRENT CLEAR VISION AND THE VARIANCE WOULD LEAVE 10 FOOT OF CLEAR VISION, WHICH ALLOWS ADEQUATE CLEAR VISION INTO A LOCAL STREET, IS THE NOTIFICATION PLAN. AND THAT CONCLUDES STAFF PRESENTATION. THE APPLICANT IS PRESENT. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD PLEASE. WHILE THEY'RE COMING UP, IS THERE ANY ONE SIGN TO SPEAK OR ANY VOICEMAILS? HE NEEDS AN INTERPRETER. OKAY. LET'S HAVE THE, UH, SPANISH INTERPRETER COME OUT, PLEASE. NO PUBLIC COMMENT. OKAY. AND WE WILL START. GOOD AFTERNOON. MY NAME IS INTERPRETER IS RECOMMENDING PULSES SO THAT, UH, FOR ACCURACY OF THE STATEMENT. SO, UM, HE'S SAYING THAT, UM, HE DIDN'T KNOW, HE WASN'T, UH, AWARE OF THE FACT THAT HE NEEDED PERMITS. THEN HE CAME HERE AND THE FIRST TIME HE CAME, THEY SAID THAT THE SYSTEM WAS, UH, UH, OUT. SO HE WAS HERE TWICE AND THE SYSTEM WAS OFF BOTH TIMES. OKAY. AND I THINK THERE'S, WELL, THIS IS A SITUATION THAT, UH, THE, THEY SAID THE MEASUREMENT IS NOT ACCURATE, BUT I DON'T THINK THERE'S GOING TO BE ANY ISSUES BECAUSE THE, MY NEIGHBOR IS MY BROTHER, AND SO HE GAVE ME A LETTER ALLOWING ME TO, TO DO THAT. OKAY. AND I'M JUST EXPECTING YOUR RESPONSE TO THAT. BESIDES THAT, I WALKED AROUND THE, THE, THE AREA AND I SAW SEVERAL, UM, UM, THINGS THAT ARE THE SAME SITUATION AS I AM IN. AND SO I DON'T KNOW IF I'M GOING TO GET THE PERMIT. I DON'T KNOW IF THEY APPLIED FOR THE PERMIT TO DO ALL THESE, UM, CHANGES. OKAY. UM, WE'RE GONNA SEE IF THERE'S ANY QUESTIONS, UH, [03:55:01] IF THAT'S OKAY. WELL, I WONDER IF THE OTHER, THE OTHER CONSTRUCTIONS CAME TO GET A PERMIT BECAUSE AS SOON AS I WAS, UM, NOTICED THAT I NEEDED A PERMIT, I CAME TO THE CITY TO GET IT. UH, WE, THE CITY WILL SOMETIMES, UH, CITE OTHER PEOPLE ON A STREET IF THEY SHOW UP FOR CODE COMPLIANCE, BUT WE DON'T KNOW ABOUT IT. AND, AND WHEN IT DOES HAPPEN, IT USUALLY HAPPENS LATER BECAUSE IT'S TAKES A LITTLE WHILE TO GET BEFORE US. OKAY. WELL, ALSO THE THING THAT, UH, THE MEASUREMENT IS NOT, UH, CORRECT. OKAY. WHAT, WHAT IS INCORRECT ON THE MEASUREMENT. OKAY. HE SAYS SAY THAT AGAIN PLEASE. UH, WHAT IS INCORRECT ON THE MEASUREMENT? UH, WELL, THEY, THEY, HE SAID THAT THE MEASUREMENT ON THE SIDE IS NOT CORRECT, BUT, UM, IT IS NOT, UH, CORRECT BECAUSE THE, A CAR IS NOT GONNA FIT IN 10 IN AN AREA OF 10 FEET. THE, THE, THE STAFF IS SAYING THAT FROM THE EDGE OF THE OVERHANG IS ONE INCH AWAY FROM THE SIDE PROPERTY LINE, NOT THE DRIVEWAY, THE OVERHANG. WELL, BUT THAT, THAT WOULDN'T BE THE ISSUE BECAUSE THAT IS, UM, THAT, THAT, UH, PROPERTY IS MY BROTHER'S. OH, YEAH. BUT IT DOESN'T MATTER. I MEAN, YOU, YOU CAN'T CONSTRUCT A CARPORT WITHIN FIVE FEET OF THE SIDE PROPERTY LINE. IT DOESN'T MATTER WHAT THE NEIGHBOR SAYS OR WHO THEY ARE. UH, YOU JUST CAN'T DO IT WITHOUT A VARIANCE. AND SO HE'S HERE TODAY, UH, AND I'M GLAD HE BROUGHT SUPPORT DOCUMENTS, BUT, BUT YOU KNOW, WE'RE HERE BECAUSE IT IS WITHIN AN INCH OF THE SIDE PROPERTY LINE. AND WELL, I UNDERSTAND AND I REALLY APOLOGIZE BECAUSE I DIDN'T KNOW ABOUTS THE RULES. IT'S SO I LEAVE IT TO YOUR, UM, UH, TO YOUR OPINION TO SEE WHAT WE'RE GOING TO DO ABOUT IT. OKAY. COMMISSIONER ZUNIGA. OKAY. COMM, UH, I THINK THE GENTLEMAN STATED THAT, UH, HE HAD, UH, HE HAD, UH, YES, YOU KNOW, THAT'S HIS BROTHER'S LOT NEXT DOOR SAID THAT IT WAS OKAY. OUR SITUATION HERE IS THAT HE, AND HE SAID HE'D SEEN OTHERS IN HIS OWN DRIVEWAY OR WHATEVER, THAT THE CARS WERE IN THERE, BUT HE SAID THAT HE TOOK IT UPON HIMSELF BECAUSE THERE WERE OTHERS, UH, COURT PORTS, ET CETERA, YOU KNOW, IN THAT WERE IN THE SAME SITUATION. SEE THAT, THAT HAD ALREADY BEEN BILLED. UH, OUR SITUATION IS THERE THAT, YOU KNOW, HE VIOLATED THE LAW. NOW WE NEED A RE YOU KNOW, I MEAN, WE, YOU KNOW, WE CAN SAY, PUT GUTTERS IN THERE BECAUSE YOUR BROTHER IS NEXT DOOR AND, YOU KNOW, OBLIGED BY OR NOT. BUT I MEAN, THE SITUATION STILL STANDS THAT YOU KNEW THAT IT WAS WRONG. YOU KNEW IT WAS WRONG, KEPT ON BUILDING. SO THE THING IS, WE NEED A RESOLUTION, MA. OKAY. SO, UM, MAN, IS THERE ANY OTHER COMMISSION, MAAM, MR. MANA? SO, UM, SO ON THIS VIEW HERE, [04:00:01] IF YOU COULD USE THE POINTER AND TELL ME WHAT THE SPACE IS BETWEEN THE CARPORT AND I GUESS THAT, THAT IT'S YOUR BROTHER'S HOUSE. WHAT THAT SPACE IS THERE BETWEEN THE CARPORT ROOF AND, AND THE NEIGHBORING ROOF. YOUR BROTHER'S ROOF. SO WHAT IS THAT DISTANCE BETWEEN THOSE TWO ROOFS? OKAY, SO IT'S NOT, THERE'S NO, THERE'S NOT A ROOF IN HIS, IN HIS BROTHER'S, UM, SIDE. ON HIS BROTHER'S SIDE. THAT'S ONLY THAT AREA. UM, UH, WITH, WITH NO ROOF. SO, WELL, I HAVE A OVERHEAD PICTURE AND I SEE A ROOF NEXT DOOR, AND THEN I SEE THE OUTLINE OF, SO, SO I SEE THE TWO HOUSES NEXT TO EACH OTHER. IT LOOKS LIKE THERE'S A FIVE FOOT SEPARATION BETWEEN THE TWO, UH, HOMES. AND THEN NOW THE CARPORT IS EVEN CLOSER TO THAT HOME. OKAY. THIS IS THE, THIS IS THE, THE BROTHER'S HOUSE AND THAT'S THE ROOF. AND ON THE OTHER SIDE AND ON THAT SIDE, THAT'S HIS HOUSE. YES. WE SO INCHES, THAT'S ONE HOUSE FROM THE OTHER ONE. MINE IS FIVE INCHES, INCHES, THE, THE REQUIRED MEASURE. BUT HE'S, I DON'T KNOW BECAUSE I CANNOT LIKE TO DO THAT. THAT'S HIS PROPERTY. SO WHAT WHAT WHAT WE'RE ASKING IS, IS THAT IT'S COMMON FOR PROPERTIES TO BE, UH, FIVE FEET. THAT'S, THAT'S WHAT CODE TYPICALLY REQUIRES IS FIVE FEET. SOME HOMES BUILT A LONG TIME AGO. WERE LOCATED THREE FEET FROM THE SIDE PROPERTY LINE. THE OVERHEAD VIEW SHOW APPEARS THAT THE HOMES MIGHT EVEN BE CLOSER THAN THAT. DO YOU THINK? I DON'T THINK SO. ARE YOU TALKING ABOUT THE ROOF? WELL, LET'S, IF YES, A COUPLE THINGS. DO YOU, HOW FAR APART ARE YOU, YOUR THE APPLICANT AND HIS BROTHER'S HOME? SO THERE'S, MY HOUSE HAS FIVE FEET, AND THEN THERE'S A FENCE, AND THEN THE, THERE'S A OKAY. A SETBACK. AND, UH, SO WOULD, WOULD, AND THE HOUSE ON THE CARPORT APPEARS CLOSER THAN FIVE FEET. YES, BUT IT'S ON THE FENCE, BUT THERE'S NOT A HOUSE. I UNDERSTAND. AND THAT'S SIDE. THE HOUSE IS BEHIND. AND, AND, AND TO BUILD ON THIS QUESTION, HOW FAR DOES THE OVERHANG EXTEND PAST THE POST APPROXIMATELY A, A ONE FOOT OR A FOOT AND A HALF FROM THIS FENCE? AT LEAST 18 INCHES OFF THE POST. WELL, THAT'S, THAT'S THE REASON WHY I AM HERE. I WANT TO, I WANT TO KNOW HOW THINGS HA HAVE TO BE DONE. I'M HERE BECAUSE I DIDN'T KNOW HOW IT WA IT WAS SUPPOSED TO BE DONE. OH, I UNDERSTAND. UM, SO WHAT HAPPENS IS, UH, THE, THERE'S, YOU'RE ASKING FOR THREE THINGS, AND ONE OF THOSE THINGS IS TO BE ONE INCH FROM THE SIDE PROPERTY LINE. BUT IF, BUT IF YOU'RE, BUT IF YOUR OVERHANG IS 18 INCHES, THIS BOARD COULD APPROVE FURTHER AWAY THAN ONE INCH. IS THERE ANY OTHER QUESTIONS ABOUT COMMISSIONER MANCHACA? NO. WELL, IT'S ALL, UH, UM, UH, ON WHAT YOU SAY. OKAY. COMMISSIONER MANCHACA. [04:05:01] OH, JUST FOR INFORMATION, UH, THAT THIS IS NOT ACCURATE, WHAT I'M MEASURING FROM ONE ROOF TO THE NEXT ROOF, THAT BACK PART OF THE CARPORT, THAT'S APPROXIMATELY FOUR AND A HALF FEET AWAY, ROOF TO ROOF, THAT'S PRETTY CLOSE. IT'S A LITTLE BIT MORE HIS HOUSE AND MY HOUSE. OKAY. BECAUSE HIS HOUSE IS F FARTHER TO THE, TO THE BACK. OKAY. AND SO HE TAKES A LITTLE BIT OF THE PORCH. I THINK WHAT I'M GOING TO SUGGEST IS, UH, SINCE WE DON'T HAVE ANY ONE SIGN UP TO SPEAK, UH, I THINK IT WOULD BE A, I WOULD, I THINK IT WOULD BE APPROPRIATE FOR A COMMISSIONER TO MAKE A MOTION. AND I WOULD SUGGEST, SUGGEST MAKING ONE THAT WAS MORE THAN ONE INCH ON THE SIDE. UH, AND THEN THE OTHER TWO JUST, I WOULD PROBABLY JUST READ IT AS IS AND THEN WE'LL JUST GO THROUGH FAMILY AMENDMENT. YEAH, THAT CAN ALL BE PART OF IT TOO. OKAY. SO WE WOULD ASK, I GUESS, YES. SHOULD WE BE ASKING THE APPLICANT, SO WOULD THE, WOULD, WOULD THE APPLICANT BE WILLING TO AMEND HIS APPLICATION TO INCLUDE GUTTERS ON HIS BROTHER'S SIDE OF THE CARPORT? YES, THAT'S WHAT I WAS THINKING ABOUT DOING. BUT THEN THE SUPERVISOR WHO IS HERE, UM, HE ASKED ME, WHAT ELSE ARE YOU GONNA DO? AND I SAID, I'M GOING TO INCLUDE THE GUTTERS, BUT FIRST I NEED TO SOLVE THE FIRST ISSUE. OKAY. SO WE'RE LOOKING FOR A MOTION. I WOULD SUGGEST ON THE SIDE SAYING IT'S TO BE 12 INCHES, INCLUDING GUTTERS. THIS IS JUST A SUGGESTION I HAVE IF ANYBODY WOULD LIKE TO MAKE THAT MOTION. MR. MANNON. SO REGARDING CASE NUMBER BO 8 2 3 1 0 3 0 0 0 9 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT. ONE, UM, LET'S SEE, NINE FOOT, TWO INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW CARPORT TO BE 10 INCHES, UH, FRONT SETBACK. AND TWO, A, UM, FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE 12 INCHES, UM, 12 INCH SIDE SETBACK, UH, AND TO INCLUDE GUTTERS. AND THREE, A FIVE FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A DRIVEWAY WITH A 10 FOOT CLEAR VISION SITUATED AT 2 2 2 HAWTHORNE STREET, APPLICANT BEING ISRAEL DS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS ESTIMATED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY AND WELFARE. THE PUBLIC, THE REQUESTED SETBACK AND CLEAR VISION VARIANCES ARE NOT CONTRARY TO INTEREST. AS A DRIVEWAY DISTANCE IS ADEQUATE FOR SAFETY SAFELY BACK UP ONTO A LOCAL STREET, AND THE SETBACKS WILL NOT CREATE ANY SAFETY OR HEALTH ISSUES TO THE PUBLIC. TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN APPLICANT NOT HAVING THE ABILITY TO PROTECT THEIR VEHICLES AND HAVE ADEQUATE ROOM FOR A FRONT YARD FENCE. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE VARIANCE WILL BE IN THE SPIRIT OF THE ORDINANCE AS AN ESTABLISHED DEVELOPED LOT LEAVES LIMITED ROOM TO BUILD, UM, OUR PERMITTED CARPORT OR FRONT YARD FENCE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF DISTRICT, WHICH IS PROPERTY IS LOCATED. IF GRANTED, THE VARIANCE WILL NOT INJURE THE APPROPRIATE, THE ADJACENT PROPERTIES AS A CARPORT WILL BE LIMITED TO THE SUBJECT PROPERTY. AND SIMILAR DEVELOPMENT IS OBSERVED IN THE AREA WHICH IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH IS PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE SIZE OF THE LOT ENVELOPED MIN AREA. THE CIRCUMSTANCES DO NOT APPEAR TO BE MERELY FINANCIAL. AND A MOTION SECOND BY COMMISSIONER CRUZ, COMMISSIONER MANNA. SO WE ADJUSTED, UM, THE, THE CARPORT, UM, SIDE SETBACK, UM, TO INCLUDE THE GUTTERS, UM, FOR A COUPLE OF REASONS. SO ONE OF THE THINGS IS THAT WE [04:10:01] REALLY, UM, DON'T WANT, UM, ANY PROPERTY SHEDDING WATER ONTO THE NEIGHBORING PROPERTY. SO THANK YOU FOR AMENDING YOUR MOTION FOR THAT. UM, SECOND IS THAT, UM, ONE OF THE THINGS THAT WE ALSO WANT TO PROTECT ARE, UM, THE FIRE SPREAD FROM HAPPENING FROM HOUSE TO HOUSE. AND SO WE WANT MORE DISTANCES BETWEEN THE HOUSES JUST IN CASE SOMETHING LIKE THAT WOULD HAPPEN. AND SO, SO IT'S KIND OF FOR, FOR SAFETY REASONS THAT WE KIND OF LOOK FOR THOSE KINDS OF THINGS. AND SO, SO BECAUSE OF THAT, I ADJUST THE MOTION, YOU KNOW, TO PROVIDE SOME OF THAT. COMMISSIONER CRUZ? YES, I AGREE WITH MR. MANNA AND, UH, THAT THE GUTTERS WERE MY FIRST CONCERN AND I'M GLAD THAT THEY DID AMEND THAT MO THAT TO INCLUDE THAT IN THE MOTION. AND I AGREE WITH EVERYTHING ELSE THAT HE HAS STATED. THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD TO THE DISCUSSION? HEARING NONE THIS HAVE A ROLL CALL. VOTE PLEASE. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. MIN CHACO. I CONCUR. MS. BROWN. I CONCUR. MS. HAYES, I CONCUR AS AMENDED. MR. ZUNIGA? I CONCUR. MS. KAPLAN. EXCUSE ME. I CONCUR. MR. CODDLE CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. UNA? YES. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 11 TO ZERO. IF THERE'S ANY QUESTIONS YOU CAN GET WITH STAFF, MR. CHAIR, IT MIGHT BE TIME FOR, UH, FOR BREAK. NO QUESTIONS. WE DO HAVE LUNCH FOR YOU OR DINNER FOR YOU IF Y'ALL WOULD LIKE TO TAKE A QUICK BREAK. YEAH. AND THEN, UH, I KNOW THAT BOARD MEMBER, UH, MARIA CRUZ NEEDS TO LEAVE AT FIVE 30 SO WE CAN GET MR. DEAN AT LEAST BY, AT LEAST BY SIX. OKAY. SO HERE'S WHAT WE'RE GONNA DO. WE'RE GONNA TAKE A FIVE MINUTE BREAK. IF YOU WANT A SANDWICH, GO GRAB A SANDWICH, BUT BRING BACK AND BRING IT BACK. 'CAUSE WHAT? I DON'T WANT TO KEEP GOING. I DON'T WANT TO BE HERE LATE. I DON'T WANT, AND, UH, OKAY. ALL RIGHT. 5 34. WE'RE BACK FROM BREAK. UH, FOR THE RECORD, COMMISSIONER CRUZ HAS LEFT THE MEETING. AND COMMISSIONER, UH, ZACHARY IS HERE. DEAN, ACTUALLY MY LAST NAME'S DEAN. DEAN APOLOGIZE, COMMISSIONER DEAN. AND, UH, WE'RE GONNA, WE'RE ON ITEM NUMBER 13 FIVE. ITEM NUMBER 13. ITEM NUMBER 13 IS BO A DASH 23 DASH 0 3 9 5. ADDRESS IS 2 6 2 7 SAN LUIS STREET IN CITY COUNCIL DISTRICT NUMBER FIVE, APPLICANT IS MARIA LOPEZ. AND A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY LINE. TWO, A 15 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FIVE FEET FROM THE REAR PROPERTY LINE. AND THREE, A FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION REQUIREMENT TO ALLOW A 10 FOOT, TWO INCH CLEAR VISION FOR THE DRIVEWAY. AND THE CURRENT ZONING IS R FOUR, THE SUBJECT PROPERTY LOCATED ALONG SAN LUIS STREET, NEAR SOUTH SARAZA MORRIS STREET. PRIOR TO CONSTRUCTION AND OBTAINING PERMITS, THE APPLICANT IS SEEKING A VARIANCE TO EXPAND AND EXISTING STRUCTURE THAT WILL BE IMPOSING INTO THIS, INTO THE SIDE AND REAR SETBACK. THE NEW ADDITION IS ANTICIPATING BEING IN LINE WITH THE EXISTING HOME. AND PER THE SITE PLAN IS EXPECTED TO BE TWO FOOT TWO INCHES FROM THE SIDE PROPERTY LINE. UH, UPON SITE VISIT. STAFF OBSERVED THE EXISTING STRUCTURE IMPOSING INTO THE SIDE SETBACK MORE THAN THE ANTICIPATED ADDITION, MEASURING ONE INCH FROM THE SIDE PROPERTY LINE. FURTHERMORE, THE STRUCTURE IS EXPECTED TO BE FIVE FEET FROM THE REAR PROPERTY LINE AND WILL BE ABIDING BY ALL OTHER SETBACK REQUIREMENTS. AND THE APPLICANT IS ALSO SEEKING A VARI TO DEVIATE FROM THE MINIMUM CLEAR VISION DISTANCE OF 15 FEET TO ALLOW A PREDOMINANTLY OPEN FENCE TO BE 10 FOOT TWO INCHES FOR THE DRIVEWAY. AND, UH, PER PCAT, IT IS NOTED THAT THE DWELLING WAS CONSTRUCTED IN 1939 AS THIS ALLOWED FOR LESS STRICT BUILDING REGULATIONS AT THE TIME IT WAS BUILT, CAUSING THE EXISTING STRUCTURE TO IMPEDED INTO THE SETBACK. AND THIS IS THE SITE PLAN. I WANTED TO KNOW THAT THE NEW STRUCTURE IS ANTICIPATED TO BE TWO FOOT TWO INCHES FROM THE SIDE PROPERTY LINE. AND THE EXISTING IS ONE INCH. JUST, UH, FOR CLARIFICATION. SO THE VARIANCE REQUESTS WERE 4, 4 11 TO THE SIDE. IT'S NOT ONE INCH. IT SHOULD BE, WELL, THE EXISTING STRUCTURE IS CLOSER THAN THE ANTICIPATED ADDITION. UM, SO WE TOOK THE CLOSER OF THE TWO DISTANCES. OKAY, SO IT'S, IT'S ONE INCH FOR THE WHICH ONE? FOR THE EXISTING STRUCTURE AND THE, AND THE, AND THE NEW STRUCTURE IS IS TWO FOOT, TWO INCHES. IT'S TWO. OKAY, COOL. IS THAT ONE FOOT OR TWO FOOT? ONE INCH? UH, THE, [04:15:01] THE ADDITION IS ANTICIPATED TO BE TWO FOOT TWO INCHES FROM THE SIDE PROPERTY LINE WHILE THE EXISTING IS CURRENTLY ONE INCH. OKAY. OKAY. OKAY. UH, NEXT SLIDE. UH, THIS IS THE SUBJECT PROPERTY AND THIS IS THE CLEAR VISION AND THEN THIS SURROUNDING AREA FOR STAFF RECOMMENDATION, THE SIDE AND REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A DASH TWO THREE DASH 0 3 0 0 0 9 5 BASED ON THE FOLLOWING, UH, ONE STAFF FINDS IT DISTANCE IS NOT SUITABLE AS IT'S TOO CLOSE TO THE NEIGHBOR'S SHARED PROPERTY LINE AND TWO STORM WATER RUNOFF IMPOSES ONTO THE NEIGHBORING PROPERTY. AND RISK OF FIRE SPREAD IS HEIGHTENED. AND FOR THE CLEAR VISION, VARI STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING, UH, ONE PERSON TRAVELING BY A VEHICLE HAVE AN UN UNOBSTRUCTED VIEW OF THE DRIVEWAY AND TWO OTHER PREDOMINANTLY OPEN FENCES WITH SIMILAR CLEAR VISION DISTANCES WERE SEEN IN THE IMMEDIATE AREA. AND THIS WAS THE NOTIFICATION PLAN. STAFF MAILED OUT 37 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. AND PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THE REQUEST. AND THIS CONCLUDES STAFF'S PRESENTATION. AND THE APPLICANT IS PRESENT, WAS PROSPECT HILL AND, AND, UM, AGAINST ALL COMPONENTS OF THE REQUEST OR ANYONE IN PARTICULAR? UM, ALL OF 'EM. OKAY. THANK YOU. IS THE APPLICANT PRESENT? UH, WE'RE LOOKING FOR 26 27 SAN LUIS STREET. 26 27. OKAY. SO IF THE APPLICANT NOT BEING PRESENT AND STAFF BEING IN DENIAL, WE'RE GOING TO TABLE THIS, UH, STAFF. CAN YOU TRY TO GET AHOLD OF THE APPLICANT AND WE'LL MOVE ON TO THE NEXT CASE. WHAT, WHAT WOULD THAT IN WHICH APPLICANT? UH, THIS IS FOR THE ADDRESS OF 26 27 SAN LUIS STREET. OH, NO. OKAY. SO WE'RE GONNA MOVE ON TO UH, ITEM NUMBER 14. ITEM NUMBER 14 IS LOCATED, UH, AT 2313 WEST CRAIG PLACE. IS THAT, THAT'S FOR Y'ALL? OKAY. SO WE'RE GONNA HEAR START. PLEASE START WITH ITEM NUMBER, UH, 14. ITEM NUMBER, ITEM NUMBER 14 IS BO O A DASH TWO THREE DASH 1 0 3 0 0 0 9 6. ADDRESS IS 2 3 1 6 WEST CRAIG PLACE IN CITY COUNCIL DISTRICT NUMBER SEVEN AND APPLICANT BEING EDNA SMITH. A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE. TWO, A 70 FOOT VARIANCE FROM THE MAXIMUM 18 FOOT N C D EIGHT DRIVEWAY WITH REQUIREMENT TO ALLOW AN 88 FOOT DRIVEWAY. THREE A THREE FOOT FOUR INCH VARIANCE FROM THE MINIMUM AND 20 FOOT GARAGE SETBACK REQUIREMENT TO ALLOW A GARAGE TO BE 16 FOOT EIGHT INCHES FROM THE FRONT CURB. FOUR A 17 FOOT SIX INCH VARIANCE FROM THE MINIMUM 25 FOOT, UH, CORNER. CLEAR VISION REQUIREMENT TO ALLOW A FENCE TO BE SEVEN FOOT SIX INCHES FROM THE FRONT CURB. AND FIVE, A ONE FOOT FIVE INCH SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT SIDE YARD FENCE OUT REQUIREMENT TO ALLOW A SEVEN FOOT FIVE INCH, PREDOMINANTLY OPEN FENCE IN THE SIDE YARD. AND THE CURRENT ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED ALONG 2 3 1 6 WEST CRAIG PLACE NEAR SOUTH JOSEPHINE TOBIN DRIVE IN THE WOODLAWN LAKE AREA, STEMMING FROM A ZONING U D C INVESTIGATION FOR A ZONING PROPERTY SETBACK VIOLATION. CODE ENFORCEMENT VISITED THE APPLICANT'S PROPERTY TO FIND A DETACHED CARPORT WITH OVERHANG IMPOSING INTO THE SIDE SETBACK. DURING SITE VISITS, STAFF ADDRESSED ADDITIONAL VARIANCES THAT NEEDED TO BE HEARD, THOSE OF WHICH INCLUDED EXCEEDING THE WOODLAWN LAKE, UH, NEIGHBORHOOD CONSERVATION DISTRICT DESIGN GUIDELINES FOR A DRIVEWAY WIDTH GARAGE SETBACK, CLEAR VISION, DISTANCE FROM A CORNER CURB AND UNAUTHORIZED F TIGHT, ALL OF WHICH ARE IN THE SIDE YARD WHERE THE CLEAR VISION IS LOCATED IN THE FRONT YARD. IT IS NOTED THAT THE, THAT CURRENTLY THE SUBJECT PROPERTY HAS TWO UNITS IN THE MAIN STRUCTURE AND AN ACCESSORY STRUCTURE IN THE REAR. AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY. AND THEN THIS IS THE CARPORT, THE DRIVEWAY AND THE GARAGE LOCATION IN THE SIDE YARD. AND THEN THIS IS AN ALTERNATE VIEW OF THE CARPORT. AND THEN THIS IS THE OPPOSITE OF THE SIDE YARD FENCE. AND THEN THE SURROUNDING AREAS. YEAH. [04:20:08] STAFF RECOMMENDATION FOR THE SIDE SETBACK, DRIVEWAY LENGTH, GARAGE SETBACK, AND CLEAR VISION. STAFF RECOMMENDS THE DENIAL AND BO EIGHT DASH TWO THREE DASH 1 0 3 0 0 0 9 6 BASED ON THE FOLLOWING, ONE, THE CARPORT AND ITS CURRENT LOCATION DOES NOT PROVIDE SPACE FOR ROUTINE MAINTENANCE WITHOUT TRESPASS. TWO. THE DRIVEWAY WIDTH VIOLATES THE CHARACTER OF THE COMMUNITY AS THE WOODLAWN LAKE AREA CONSERVATION DISTRICT DESIGN GUIDELINES WERE ENACTED TO PRESERVE THE NEIGHBORHOOD. THREE VEHICLE VEHICLES OBSTRUCT THE RIGHT OF WAY WITH THE REDUCED DRIVEWAY LENGTH. AND FOUR, THE CLEAR VISION DISTANCE POSES A THREAT FOR THE FENCE HEIGHT. SPECIAL EXCEPTIONS STAFF RECOMMENDS DENIAL AND BO EIGHT DASH 23 DASH 0 3 9 6 BASED ON THE FOLLOWING, ONE, NO OTHER FENCES EXCEEDING THE HEIGHT REQUIREMENT WERE SEEN IN THE IMMEDIATE AREA, WHICH POSES A THREAT TO THE FABRIC OF THE NEIGHBORHOOD. AND TWO, NO SIGNIFICANT TOPO TOPO GRAPHICAL CHANGES WERE SEEN ON THE SUBJECT PROPERTY TO WARRANT THE NEED FOR THE EXCEEDED FENCE SITE AND STAFF MAILED OUT 23 NOTICES. ONE RETURNED IN FAVOR, UH, THREE IN OPPOSITION WITH TWO OUTSIDE THE 200 FEET. AND THE WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF ALL THE REQUESTS. AND THEN THESE ARE THE PUBLIC RESPONSES. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. WAS THERE ANY BUILDING WITHOUT PERMITS? UH, YES SIR. THE UM, ALL OF IT WAS BUILT WITHOUT PERMITS. ALRIGHT, SO COULD YOU, I DIDN'T HEAR CAN YOU REPEAT THAT? YEAH, UH, ALL OF IT WAS BUILT WITHOUT PERMITS. OKAY. THANK YOU. ALRIGHT, THANK YOU VERY MUCH. UH, HEAR FROM THE APPLICANT. HI, I'M MR. SMITH AND I'M THE OWNER OF THE PROPERTY. AND MOVE THE, MOVE THE MIC DOWN. OH, I'M SORRY. JUST A LITTLE BIT. I'M, THANK YOU. I'M EDNA SMITH. I'M THE OWNER OF PROPERTY OF 2316 WEST CRAIG PLACE. UM, WHEN I FIRST MOVED OVER THERE, UH, I WORKED WITH ALEX SOTO, WHO WAS THE PRESIDENT AND HIS WIFE AND THEY RETIRED. JD CAME ON BOARD. I DID, WHEN I FOUND OUT FROM JOSEPH THE OTHER DAY THAT, UH, WOODLAWN HAD INPUT ON AS PRESERVATION. I CONTACTED JD ON THE EIGHTH. HE TOLD ME HE WAS GONNA BE BUSY TUESDAY AND WEDNESDAY, BUT HE'D GET BACK WITH ME THURSDAY OR FRIDAY. I'VE NOT HEARD BACK FROM HIM. UM, I DID ATTEND THE FIRST COUPLE OF MEETINGS WITH JD. I WAS, UH, INVOLVED WITH THE, UH, HOMEOWNER ASSOCI OR THE ASSOCIATION. AND UH, I CAME WITH CANCER IN 2020. AND THEN FROM THERE I DIDN'T TIE IN WITH WOODLAWN. I DID HELP WITH THE PRESERVATION OF THE UM, A CENTENNIAL GARDEN THAT'S IN THE BACK. ALL MY NEIGHBORS KNOW ME. WE HAVE TIED IN VERY CLOSELY ALL TOGETHER. UM, WHAT I DON'T UNDERSTAND IS SATURDAY AFTERNOON, I THINK, UM, TWO, MY NEIGHBORS CALLED ME AND TOLD ME THAT A LADY BY MRS. MALDONADO WAS TRYING TO, UH, ADDRESS THEM. AND ONE OF THE LADIES IS ON THE OPPOSITION. HER NAME IS FRANCIS RE SHE IS VERY TIED IN WITH THE ASSOCIATION. SHE TOLD HER THE APPROACH THAT MS. MALONA SAID WAS THAT IT WAS GONNA BE BARRICADED. IT WAS GONNA OBSTRUCT VIEW FROM THE STREET. SHE DID NOT KNOW THAT IT WAS MY FENCE. AND I WILL SHOW YOU MY FENCE. MY FENCE IS FOUR FEET OR LESS. AND WE DID IT FOR THAT PURPOSE. UM, THE GENTLEMAN WHO DID THE CARPORT, APPARENTLY HE KNEW HE WAS DOING, BECAUSE THE THING IS HE WAS SUPPOSED TO GET THE PERMIT. HE DIDN'T, HE DID BUILD IT NINE FEET, EIGHT INCHES, WHICH IS 10 FEET IS THE HEIGHT THAT IT'S REQUIRING. THE DRIVEWAYS THAT WERE THERE HAVE BEEN THERE. I DID NOT ADD ON. IN FACT, THE CITY, WHEN THEY CAME IN TO ADD ON THE DRIVEWAYS, THEY ADDED ANOTHER SECTION AND A WALKWAY. I DID NOT HAVE AUTHORIZATION. THOSE DRIVEWAYS WERE ALREADY EXISTING ON THE SIDE OF THE HOUSE WHEN I PURCHASED THE PROPERTY. ALSO, IT HAS TWO METERS. THEY'RE NOT GRANDFATHERED. THEY ARE OWNED. WHEN I BOUGHT IT, I CAME OVER HERE AND THEY TOLD ME, 'CAUSE CODE COMPLIANCE KEPT COMING LIKE 40, 50 TIMES SAYING YOU GOT ANOTHER METER, WE'RE GONNA TAKE IT AWAY. AND I SAID, HOW CAN YOU TAKE IT AWAY? WHEN THEY'RE TELLING ME HERE THAT I OWN IT, IT'S NOT GRANDFATHERED, I OWN IT. SO I GOT A PIECE OF PAPER FROM THEM AND I WENT BACK AGAIN. TODAY I PUT IT IN THE METER BOX TO SHOW THEM. AND WE HAVE UPGRADED THE METER BOXES TO WHERE IT HAS A MAIN THING. WE'VE DONE EVERYTHING WE POSSIBLY CAN ON THERE. IF HE DIDN'T GET THE, THE, UH, PERMIT, I'M SORRY, I SPENT OVER $9,000. YOU KNOW, I'M NOT TRYING TO HIDE IT. I WOULDN'T KNOW WHERE THE CODE COMPLIANCE GOES BY THERE. EVERY DAY I ASSUMED, AND THAT'S WHAT HAPPENS, MY FAULT THAT THEM GOING BY, THEY WOULD SEE HIM CONSTRUCTING. IF THERE WAS A PROBLEM ON THE PERMIT, THEY WOULD'VE SAID SOMETHING. I ASSUMED HE GOT PERMIT WITH ME SPENDING THAT MUCH MONEY. MY FENCE, YOU KNOW, WHATEVER'S GONNA HAPPEN IS GONNA HAPPEN. I'M GONNA DO MY [04:25:01] PART. BUT WE HAVE PUT A REAL NICE FENCE. IT'S NOT AN EYESORE, IT'S NOT AGAINST WOODLAWN. WE HAVE HOUSES THAT ARE DILAPIDATED, UH, STUFF. OUR HOUSE, NO FENCE IS THE NICEST HOUSE ON THE CORNER. AND WE'VE DONE EVERYTHING TO DO. THE FENCE IS FOUR FEET. IT'S A WROUGHT IRON FENCE. WE HAVE DELIBERATELY, WHEN THEY DID THE FENCE, THEY DELIBERATELY BUILT IT AND DROPPED IT DOWN TO WHERE THE STOP SIGN COMES DOWN TO ALMOST THREE FEET. SO THERE'S VISIBILITY AND I'LL SHOW YOU THERE. I VIDEOTAPED AS WE'RE DRIVING IN. SO IF YOU CAN PUT THE PICTURES, PICTURES ON THERE AND I'LL, I'LL GO. THERE'S NO ORDER OR FASHION TO IT. I'LL JUST LET YOU KNOW WHAT'S GOING ON. OKAY. THAT'S THE CORNER, THAT'S OUR HOUSE. RIGHT? THERE'S WHERE ROUSE, IF YOU GO TO THE RIGHT, YOU'LL GO TO THE SIDE WHERE THE CARPORTS ARE AT OR THE CARPORT IS AT. AND TO THE LEFT IS THE FRONT OF THE HOUSE AND IT GOES TO WOODLAWN LAKE. THAT'S A HIGH TRAFFIC AREA. THERE'S A LOT OF DOGS THAT ARE DUMPED THERE. UH, THE NEIGHBOR NEXT TO ME AND WHERE MR. JOSEPH IS STATING IT'S A SEVEN FOOT FENCE, IT'S JUST A GATE. AND WHAT HAPPENED IS WE MOVED AFTER THE PEOPLE THAT ARE LIVING NEXT TO TOWARD TO US AND 2314, THEY HAVE THREE DOGS, TWO GERMAN SHEPHERDS, BIG GERMAN SHEPHERDS AND A PIT MIX. WHAT WE DID TO TRY TO ACCOMMODATE BETWEEN THE TWO, WE BUILT THAT FENCE BETWEEN US. AND CAN YOU SHOW THE PICTURES, JOSEPH? YES. OKAY. I'LL TELL YOU, LET'S GO THROUGH, I'LL JUST BRIEFLY GO THROUGH SO YOU CAN SEE WHAT WE'VE GOT. NOTHING THAT WE'VE DONE ON THERE HAS BEEN SOMETHING THAT'S BEEN HALF DONE. WE'VE LITERALLY TRIED TO DO IT TO WHERE IT LOOKS NICE. UH UH, THERE'S A LASER POINTER UP THERE. WHERE'S THE LASER? OKAY, IT'S NOT UP HERE, DID IT? HERE. DO YOU HAVE IT? SO HOW DO YOU USE IT? UH, THERE'S A BUTTON ON TOP. WHERE IS IT? OKAY, NOW THIS IS GOES THERE. THAT'S OUR DOGS ON THERE. I HAVE ONE THAT'S BLIND. AND WHAT WE DID, THIS GENTLEMAN HERE HAD HIS THREE DOGS AND WHAT WE DID TO TRY TO WORK WITH HIM SO HE WOULDN'T HAVE TO LOSE HIS DOGS 'CAUSE HIS PIT BULL KEPT JUMPING ON OUR SIDE OF THE FENCE. WE DIDN'T REALLY HAVE ANY GATE, THIS SIDE, BUT WE BUILT ONE AND IT WAS SIX FEET. BUT THEN WE FOUND OUT THAT SIX FEET WASN'T ENOUGH. SO WE ASKED HIM, SAID IF YOU WANNA KEEP YOUR DOGS, YOU'RE GONNA NEED TO RUN THOSE LITTLE RUNNERS, THOSE LITTLE PARS. SO HE RAN IT FROM THE FRONT OF THE FENCE OF HIS FENCE, WOODEN FENCE ALL THE WAY TO THE BACK. 'CAUSE HE'S GOT A CHICKEN THING UP BACK THERE. AND SO WHAT HE DOES, HE RAN IT, BUT IT WASN'T SUFFICIENT ENOUGH. THE DOGS WERE VERY SMART. THEY TIED IN ON TOP OF HIS FENCE, WHICH IS A WOODEN FENCE. AND OUR WR IRON FENCE. AND THIS IS RIGHT HERE WHERE THE THING, YOU HAVE TO GO FURTHER BACK, ADD ANOTHER 13 OR 14 FEET SO YOU CAN SEE IT. CAN YOU BRING IT UP? WE HAD RIGHT HERE. BRING IT UP WHERE YOU HAVE IT. THE OTHER ONE. THAT ONE RIGHT THERE. MY HUSBAND HAD TO SOLDER HERE BECAUSE THE DOGS WERE CATCHING HERE. SEE THIS, HE BUILT, HE PUT THIS MELODY IN THE PHONE DAY. MA'AM, YOU'LL NEED TO SPEAK INTO THE MICROPHONE. I'M SORRY. OKAY. HE HAD TO BUILD THIS LITTLE THING, ADD THIS LITTLE THING ALL THE WAY TO THE BACK. SO THE DOG, WHEN HE TRIED TO GET UP, IT WOULD ROLL DOWN. WE HAD OUR, OUR GATE TO WHERE IT NEEDED TO BE. BUT WE HAD TO ADD, WE HAD IT TO, WE HAD TO ADD THAT LITTLE SECTION SO THAT DOG COULD NOT COME OVER TO OUR SIDE. AND THAT'S WHAT THEY'RE SAYING IS SEVEN FEET, FIVE INCHES. SO THAT PIECE OF METAL THAT WAS SOLDERED TO THE TOP IS THE ONLY ITEM THAT'S SEVEN AND A HALF FEET? YES. YES. SO IT'S NOT RUNNING DOWN THE SIDE OF YOUR PROPERTY? NO, IT'S JUST, NO SIR. IT'S JUST CROSSING. IT'S JUST A GATE. IT'S JUST THAT LITTLE GATE THAT GOES IN THE BACK. OKAY. I JUST WANTED, THAT'S IT. ALRIGHT. THANK YOU. KEEP GOING. THAT'S PLEASE PROCEED. AND, AND YOU CAN SEE RIGHT HERE WHERE, WHERE IT IS, HE HAD TO SOLDER HERE AND ADD THIS LITTLE SECTION AS A COURTESY TO WORK WITH OUR NEIGHBOR. OKAY. AND AND WHAT KIND OF DOG IS JUMPING OVER SOMETHING THAT PITS, PITS THAT TALL PIT MIX. HE, HE, YOU'LL SEE, UH, THERE'S ANOTHER PICTURE I THINK HE'LL SHOW YOU. IT RUNS, HE, HE INSERTED IT ALL THE WAY OVER THERE. 'CAUSE HE KEPT JUMPING AFTER THE THIRD TIME. I SAID, OKAY, I CAN'T HELP YOU. THANK YOU. UM, ALRIGHT. IS THERE, UM, AND IT DOESN'T MATCH IF YOU SEE THIS DOESN'T MATCH WITH THIS ONE. WE HAVE TO IMPROVISE. IS THERE ANY, UH, UM, ANYTHING ELSE YOU'D LIKE TO DISCUSS ABOUT THE, UM, THE DRIVEWAY OR THE WELL, IT'S, THERE'S QUITE A FEW THINGS ON THERE. THERE'S CITY CAME IN AND DUG UP ALL THIS DRIVEWAY. OUR, THIS, IF YOU NOTICE THE CARPORT WAS FURTHER BACK. THEY DUG IN AND THEY CUT BACK ABOUT TWO OR THREE FEET ON THIS SIDE. 'CAUSE THEY HAVE A LOT OF TREES ON THAT SIDE. IT WASN'T CONVENIENT. THEY JUST DID. THIS IS THIS YEAR, THIS LAST YEAR. AND YOU CAN TELL WHERE THEY CUT BACK INTO OUR THING AND MADE IT. SO IT'S, OUR CARPORT IS CLOSER TO THE STREET NOW BECAUSE OF WHAT THEY DID. OUR TRUCKS CAN, OUR TRUCKS CAN'T PARK COMFORTABLY AND THEY WANT TO USE THAT AS PART OF THE SIDEWALK SO PEOPLE CAN WALK. OKAY. SO PAUSE FOR A SECOND. C WAS THERE A, UH, STAFF, WAS THERE A RIGHT OF [04:30:01] WAY ACQUISITION OR DID THEY THEY'RE JUST USING THE RIGHT OF WAY. THEY ALREADY HAD CITI'S ALREADY JUST USING THE RIGHT OF WAY. THEY ALREADY HAD, UH, GIMME ONE SECOND. LEMME CHECK WHEN, WHEN THEY DID THE RECONSTRUCTION. 'CAUSE I, I GET INVOLVED WITH EVERYTHING THAT GOES AROUND THE THING THERE. AND THAT'S WHY WHEN MS. MALDONADO APPROACHED FRANCIS, WHICH IS ONE OF THE NEGATIVE ON THERE, SHE TOLD HER IT WAS GONNA BE A, A BARRICADE. SO FRANCIS CON CONSTRUCTED ME, SHE GOES, WHAT BARRICADE YOU OUT THE BUILD? I SAID, THEY'RE TALKING ABOUT MY FENCE, FRANCIS. SHE GOES, OH NO, TAKE ME OFF. WELL, I I I JUST WANNA MAKE SURE WE'RE CLEAR ABOUT WHAT WE'RE HEARING. GOTCHA. SO WHAT I'VE GOTTEN FROM YOUR TESTIMONY SO FAR IS THAT THERE'S A, AN ISSUE WITH A VERY LARGE MUSCULAR DOG THAT CAN JUMP OVER A FENCE. AND YOU NEED, THERE'S THREE. THERE'S THREE. AND SO YOU, YOU THERE, THERE'S A, THAT'S THE SEVEN AND A HALF FOOT FENCE. YES. THE DRIVEWAY WITH STAFF IS SAYING IS ABOUT 80 FEET WIDE, WHICH IS IN, IN EXCESS. BUT THE CITY BUILD THAT OR DID YOU BUILD THAT? THE I DIDN'T. I BOUGHT IT. IT WAS ALREADY EXISTING. SO YOU DON'T KNOW WHO BUILT IT, WHETHER IT WAS THE CITY? NO, I DON'T. IT WAS BACK IN 1950 SOMETHING OR 1940 SOMETHING. OKAY. UM, AND GO SHOW UP THERE. SHOWS THE RIGHT AS MM-HMM. THOSE ARE ALL THE, CAN YOU PLEASE BRING UP, UM, AND PROJECT PROJECTED UP THE GOOGLE STREET VIEW, BECAUSE WHEN I WENT BACK THROUGH THE YEARS, IT DID GET WIDER. IF YOU GO BACK TO 20 ABOUT IT, FOUR YEARS AGO, FIVE YEARS AGO? YEAH. ABOUT 10 OR SO YEARS AGO IT WAS ABOUT HALF AS WIDE. AND THAT'S WHAT I WAS CURIOUS IF THE CITY CAME IN AND DID A STREET REHABILITATION AND ADDED NEW CURB, IT'S COMMON FOR THEM TO REBUILD WHAT WAS ALREADY THERE. BUT THIS IS MUCH LARGER THAN WHAT WAS ALREADY THERE. MM-HMM. . SO IF YOU COULD GO BACK IN TIME A LITTLE BIT, THIS LITTLE AREA WAY BACK. IF YOU GO BACK, CAN YOU GO TO THE RIGHT? YEAH. KEEP, KEEP, KEEP GOING TO THE RIGHT. CAN YOU GO TO THE RIGHT, THIS AREA HERE, THE BOTTOM, THEY EN LARGE GO BACK IN TIME BEFORE JANUARY, 2017. YEAH. THEY ENLARGED ALL THIS AREA HERE. THE CITY ADDED THE, THE SUN. KEEP GOING. I'M TALKING TO STAFF. JUST, OH, I'M SORRY. SAY THAT'S ALL THE UH, KEEP IT GOING. KEEP GOING FURTHER BACK. FURTHER BACK. RIGHT. THAT'S, THAT'S NOT OURS IS IT? OKAY. HERE, RIGHT HERE. THE CITY DID THIS PART HERE, RIGHT THERE, THEY ADDED ON AND THEY PUT A SIDEWALK HERE FOR US. OKAY. THAT'S FROM JUNE, 2011. OKAY. BUT IT'S ALL THE PROPERTY, ALL THE, OKAY, THIS IS FROM 2007. 2007. WELL, THE FENCE LOOKED GOOD THEN. , THEY DIDN'T HAVE A, THIS, THIS FENCE WAS DILAPIDATED. AND YOU'LL SEE IN SOME PICTURES THIS ONE WAS FALLING APART. WHEN WE BOUGHT IT, PEOPLE WERE JUMPING THE FENCE TO GET INSIDE THE PROPERTY AND THEN STAFF PLEASE COME, GO BACK TO MORE OF A CURRENT TIME. I MEAN, IT JUST LOOKED LIKE IT GOT MUCH LONGER. WELL THAT'S, THAT'S WHERE THE CITY DID THIS. THE CITY DID THIS. THEY JUST DID IT. THEY ADDED THIS SECTION HERE AND THEY ADDED THE SIDEWALK HERE, THAT LITTLE SIDEWALK. SO STAFF AT THE CITY CAME IN AND DID A STREET REHABILITATION PROJECT AND, AND THEY CONSTRUCTED THE DRIVEWAY. HOW DOES THAT AFFECT, UH, ANY COMPLAINTS OR CODE COMPLIANCE? UH, SO THE APPLICANT WOULD NOT BE, UM, SUBJECT TO IT. UM, IF THERE, IF THE CITY'S THE ONE THAT EXTENDED THE DRIVEWAY. BUT I'M TRYING TO SEE, UM, THE, THE PUBLIC WORK PROJECTS RIGHT NOW. IT MIGHT HAVE BEEN PART OF A, THAT'S WHAT I WAS GONNA SAY. A PUBLIC IMPROVEMENT PROJECT. BUT WE'RE TRYING TO SEE NO PROBLEM. WE'LL CONTINUE ON. SO ASIDE FROM THE DRIVEWAY ISSUE, PLEASE COMMENT ON THE OTHER. WELL, IN THE DRIVEWAY WE DID ON, ON THE CARPORT, WE'VE ADDED ALL, UH, GUTTERS SO THAT THERE'S WATER. WHEN WE BOUGHT THE HOUSE, IF YOU GO FURTHER TOWARD THE FRONT, WE, IN ORDER TO PURCHASE IT, WATER WAS COMING INTO THE PROPERTY. SO WE HAD HER PAY AND PUT UP A RETAINING WALL TOWARD THE HOUSE. AND THAT'S WHY WHEN WE DID THE CARPET, WE DID A BREEZEWAY. 'CAUSE I'VE GOT TWO PEOPLE IN MY FAMILY, THEY'RE HANDICAPPED THE WAY THEY DID THE DRIVEWAYS. NOW IT LEANS LIKE THAT AND IT SLOPES DOWN. SO IT'S VERY HARD. MM-HMM. TO PUT SOMEBODY IN A CAR. AND I MEAN, WE DO IT, BUT WE'VE DONE EVERYTHING. I MEAN, AS FAR AS THAT, I HAVE NO CONTROL OF THE DRIVEWAYS. OKAY. I DID NOT ADD ON. SO WE'RE GONNA SEE IF WE HAVE ANY COMMISSIONER QUESTIONS FOR YOU. OKAY. UH, AND BEFORE WE DO THAT, IS ANYONE SIGNED UP TO SPEAK OR IS THERE ANY VOICEMAILS TO READ? WE HAVE ONE VOICEMAIL AND ONE PERSON SIGNED UP TO SPEAK. OKAY. SO WE'LL HEAR THE VOICEMAIL FIRST AND AS SOON AS YOU FIND OUT SOMETHING FROM, HI, MY NAME IS TED GTA, PRESIDENT FOR THE JEFFERSON NEIGHBORHOOD ASSOCIATION. 2352 WEST MULBERRY, SAN ANTONIO, TEXAS 7 8 2 0 1. CALLING REGARDING THE AGENDA. ITEM NUMBER 14, CASE BOA 23 DASH 10 30 0 9 6. THE JEFFERSON NEIGHBORHOOD ASSOCIATION SUPPORTS THE WOODLAWN LAKE COMMUNITY ASSOCIATION'S OPPOSITION TO THE FIVE VARIANCES BEING REQUESTED AT 2316 WEST CRAIG. THE VARIANCES WOULD SEEK TO ERODE THE WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION'S CONSERVATION DISTRICT'S CHARACTER. [04:35:01] PLEASE SUPPORT THE HARD WORK BY THE, BY THE COMMUNITY TO DEVELOP AND ESTABLISH THESE STANDARDS BY DENYING THE REQUEST BEFORE YOU THANK YOU. WE'VE NEVER MET HIM. CAN YOU PULL UP THE DR THE THE SEE AND THEN WE HAVE, HOLD ON A SECOND. WE HAVE SOMEBODY SIGN UP TO SPEAK. WELL, YOU'LL GET A CHANCE TO COME BACK AND ASK QUESTION. OKAY. MRS. UH, BIANCA, NOW I KNOW YOU'VE BEEN HERE BEFORE. IF YOU PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. GREAT, THANK YOU. MY NAME IS BIANCA MALDONADO. I'M OFFERING COMMENTS ON BEHALF OF JD MORALES, WHO'S THE PRESIDENT OF THE WOODLAWN LAKE COMMUNITY ASSOCIATION. PO BOX 2 8 3 7 4 7 8 2 2 8. THE WOODLAWN LAKE COMMUNITY ASSOCIATION WORKED WITH THE COMMUNITY TO ESTABLISH THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES IN NOVEMBER OF 2010. OUR COMMUNITY'S N C D IS THE NEIGHBORHOOD'S VISION TO PROTECT AND PRESERVE THE UNIQUE CHARACTER OF THE WOODLAWN LAKE AREA AND PROVIDE STANDARDS FOR RENOVATIONS, ADDITIONS AND NEW CONSTRUCTIONS. IT IS UNFORTUNATE TO SEE SO MANY IMPROVEMENTS MADE ON THE PROPERTY AT 2316 WEST CRAIG WITHOUT CITY PERMITS BEING PULLED, WHICH HAVE TRIGGERED THE RE WHICH WOULD HAVE TRIGGERED THE REVIEW OF THE N C D STANDARDS BEFORE WORK WAS COMMENCED. THE PROPOSED WORK AND DEVELOPMENT IS INAPPROPRIATE FOR SINGLE FAMILY RESIDENTS. ADDITIONALLY, HE SUBMITTED, UM, A LETTER TO STAFF, THE SAME COMMENTS THAT HE OFFERED. AND I'LL ALSO OFFER, UM, AS AN INDIVIDUAL. I ALSO CHAIR THE MONTICELLO PARK ARCHITECTURAL REVIEW COMMITTEE FOR MY NEIGHBORHOOD ASSOCIATION. I ALSO SIT ON THE WOODLAWN LAKE COMMUNITY ASSOCIATION, UM, COMMITTEE, MY NEIGHBORHOOD ASSOCIATION. ALSO, I'LL OFFER COMMENTS ON BEHALF OF DREA GARZA AND OUR 10 MEMBER BOARD, UM, THAT WE TOO SUPPORT WOODLAWN LAKE COMMUNITY ASSOCIATION'S OPPOSITION, UH, TO THESE VARIANCES FOR THIS PARTICULAR PROPERTY. I WILL ALSO NOTE THAT I WAS THE ONE THAT DID GO AND KNOCK AND I DIDN'T MENTION BARRICADE. UM, THE COMMENT THAT I MADE WAS ABOUT THE RIGHT OF WAY OBSTRUCTIONS BECAUSE AS YOU LOOK INTO THIS INTERSECTION IN THE AREA, YOU'LL NOTE WEST CRAIG CURVES AS IT LEANS INTO AND OUT OF THIS PARTICULAR CORNER PROPERTY. AND WITH THE OVERHANGS THAT EXCEED OUT INTO THE PUBLIC RIGHT OF WAY, THERE IS SIGNIFICANT, UH, RIGHT OF WAY OBSTRUCTION, CLEAR VISION ISSUES COMING TO AND FROM AND THROUGH THAT INTERSECTION. YOU'LL ALSO NOTE ON THE, UH, GOOGLE MAPS, YOU'LL SEE A SIGNIFICANT AMOUNT OF, UH, VEHICLES THAT ALSO PARK ON THE STREET. AND SO THAT'S JUST A CONCERN 'CAUSE IT'S A VERY NARROW STREET AS YOU COME IN AND OUT OF THAT AREA. AND IT DOES SEE A LOT OF TRAFFIC COMING TO AND FROM THE LANDMARK WOODLAWN LAKE PARK. SO THANK YOU FOR THE OPPORTUNITY TO OFFER COMMENTS. ALL RIGHT, THANK YOU. UH, LET'S HAVE THE APPLICANT BACK UP. YES, SIR. OKAY. SO IS THERE ANY COMMISSIONER QUESTIONS FOR THIS APPLICANT? CAN, CAN I DO ME A FAVOR? I'M TRYING TO CALL FRANCIS THE MAYBE ONE THAT THE OPPOSITION THAT SHE CAN CONFRONTED. UH, NO, THAT DOESN'T, IF THE COMMISSIONER RELEVANT, IF INQUIRES AND THAT'S ONE THING. COMMISSIONER MANNA. GOTCHA. SO, SO QUESTION I HAVE. SO, UM, I I DIDN'T QUITE UNDERSTAND, UM, THE, THE THREE UH, METERS. SO WHAT, SO WHY, WHY ARE THERE THREE METERS? SO IT'S A SINGLE FAMILY RESIDENT. THERE'S THREE METER, SIR, THERE'S ONLY TWO METERS. WHAT HAPPENED IS WHEN WE, WE HAD BROUGHT THAT PORTABLE BUILDING 'CAUSE THERE WAS A METAL SHED THERE BEFORE IT WAS A 10 BY 12. SO WE DID WAS WE, IT WAS, IT WAS DILAPIDATING LIKE TALKING TO THE MIC, PLEASE SEE THE FENCES. UH, IT WAS DILAPIDATING LIKE THE REST. SO WE BROUGHT IN A 24 BY 12. WE'VE GONE THROUGH ALL THE PROCESSES ON THERE. UH, IT DOES NOT GO OVER THE, UH, THE SETBACKS BECAUSE WE SPECIFICALLY MADE IT FALL WHERE WE PUT THE GUTTERS IN. WE HAD IT INSPECTED. WE'VE HAD ELECTRICIANS COME IN. WE HAD ENGINEER COME IN AND, AND SECURE THAT. WE HAD IT LATCHED DOWN. I'VE GOT LETTERS FROM THE ENGINEER FOR THAT. SO, SO, OKAY, SO GOING BACK TO THE METERS HERE. SO SORRY. OKAY, SO NO, THERE'S ONLY TWO METERS. TWO METERS. SO TWO METERS. SO, SO, SO IS THERE AN ACCESSORY DWELLING THAT, THAT IS BEING SUBLET ON THIS PROPERTY OR NO SIR. IT'S ACCESSORY BUILDING WAS FOR MY MOM TO MAKE A LA GARDEN HOME. I USED IT AS AN OFFICE. IT IS MY OFFICE ON THERE THAT I USE FROM THE HOUSE ON THERE. AND THAT'S WHAT WE USE. IT HASN'T BEEN USED. IT WAS SITTING THERE FOR OVER THREE YEARS. SO WE BUILT IT OUT AND THEN WAS BUILT OUT. AND THE REASON WHY THE TRUCKS ARE DOWN THERE, MS. MANDO, AND I KNOW YOU'RE NOT IN OUR AREA, IS BECAUSE THE TRUCKS THAT WE USE, 'CAUSE WE WORK IN CONSTRUCTION, THEY CARRY MATERIAL AND THE TAILGATES EXTEND OUT. YOU SEE HOW THIS TRUCK, IT'S A SHORTER BED, IT EXTENDS OUT. SO WE HAVE TO PUT TRASH CANS ON THE SIDE OR PARK THE VEHICLES ON THE SIDE SO THAT WE CAN USE IT. OTHERWISE WE HAVE TO DRIVE ON TOP OF THE DRIVEWAYS TO SET 'EM THAT THIRD METER WE WERE TRYING TO GET PAST SO WE CAN GET AN ADDRESS CHANGE. IN FACT, WE'RE WORKING RIGHT NOW THAT, UH, ZONING SAID THAT THERE MIGHT BE A CAPABILITY, UH, FOR US TO TIE IN THE MOTHER-IN-LAW'S QUARTERS. 'CAUSE THAT WAS ALREADY LIKE THAT. IT'S ALL UNDER ONE ROOF. THE MAIN HOUSE AND THE MOTHER-IN-LAW'S QUARTERS ARE, UH, ON THE SAME ROOF. THE ACCESSORY BUILDING IS PROBABLY ABOUT 20 FEET, 30 FEET [04:40:01] FOR THE BACK NE NEAR THE BACK FENCE SLIDE. OKAY. SO CAN YOU BRING UP AN ARROW VIEW PLEASE OF, OF THE, THE, THE PROPERTY HERE? 'CAUSE I SEE LIKE 12, LOOKS LIKE 12 VEHICLES PARKED ON THIS PROPERTY HERE. WELL, WE'VE GOT, WE'VE GOT FOUR COMPANIES THAT COME IN THE, THE ONE'S IN THE BACK. BECAUSE THE THING IS MY HUSBAND HAS A FETISH ON OLDER TRUCKS. SO WHAT WE DID, WE PUT A GALVANIZED FRONT ON THERE AND WE'VE ALREADY SOLD ABOUT THREE OF THEM, BUT WE SOLD TWO, UH, TWO PROPERTIES AND WE HAD TO MERGE BOTH OF 'EM TOGETHER. WE'RE WORKING ON GETTING THAT OUT. IT'S ALREADY BEEN, ALL THOSE HAVE BEEN CLEARED IN THE BACK. THREE OF 'EM HAVE BEEN CLEARED IN THE BACK. THERE'S ONLY TWO IN THE BACK RIGHT NOW. SO, SO THE NINE CARS PARKED ON THE SIDE OF, ON THE SIDE ROUSE. YEAH. SO, SO ON THIS, WHERE'S THE NINE PICTURE HERE? I HAVE THE 1, 2, 3. WHICH ONE ARE YOU? SO WHICH, WHICH, BACK TO THE PREVIOUS PICTURE. GO BACK WHICH ONE THESE. SO THERE'RE SO FORWARD OF THE PROPERTY LINE. I, I COUNT, UH, 12 CAR OR A BUNCH OF CARS THERE. WELL THESE MIGHT BE SOMEBODY THAT'S, THAT'S THAT'S PARKED THERE. BUT WE'RE IN FRONT OF YOUR PROPERTY. TWO OURS BECAUSE WE DO CARRY EQUIPMENT AND THEN THERE'S CARS PARKED IN THE DRIVEWAY. SO I'M TRYING NO, THOSE ARE NOT DRIVEWAY WHAT YOU'RE SAYING THAT'S A GATED AREA. THAT'S A GATED AREA THAT'S HIDDEN BEHIND THE THING HE'S WORKING ON GETTING THOSE OUT. OKAY. SO THOSE AREN'T EVEN VISIBLE TO THE, SO COMMISSIONER AMANDA CAN LET ME, DO YOU MIND IF I ASK? SORRY. ARE YOU RUNNING A BUSINESS OUT OF THIS HOUSE? NO, MY OFFICE, I OFFICE OUT OF MY HOUSE. DO YOU HAVE AN EMPLOYEE SHOWING UP AT THIS PLACE? AT THIS, UH, AT THIS RESIDENCE? NO. I'VE GOT THEY'RE ALL, THEY'RE ALL SELF-EMPLOYED. THEY'RE 10, 10 99. EVERYBODY, EVERYBODY'S GOT THEIR OWN. THEY COME IN MY, OKAY. OKAY, LET ME PUT IN ANOTHER. OKAY. WE DON'T USE IT. IT'S A RESIDENTIAL. IT'S NOT FOR BUSINESS. OKAY. SO HOW MANY PEOPLE LIVE IN THE HOUSE? JUST ME, MY HUSBAND, MY DOGS, AND THAT'S IT. MY SONS ARE ALONE. HOW MANY VEHICLES DO YOU OWN? FIVE. OKAY. SO THERE SHOULDN'T BE MORE THAN FIVE CARS AT THIS HOUSE THEN? WELL, THE OTHER ONES ARE SITTING IN THE BACK. HE'S WORKING ON THEM. THEY'RE NOT EVEN, THEY'RE THEY'RE, THEY START CODE COMPLIANCE ALREADY COME IN. THEY START, THEY MOVE, BUT WE, HE'S WORKING ON THEM. SO YOU OWN MORE THAN FIVE CARS? HE DOES. I DON'T, I MEAN, I, I CAN'T OWN, OWN. I CAN'T BLAME OWNS THIS FETISH. OWNS, OKAY. WHO OWNS THE HOUSE? I OWN THE HOUSE. ON YOUR OWN? YES. OKAY. BUT YOU HAPPEN TO HAVE, YOU HAVE FIVE CARS? I HAVE ONLY ONE VEHICLE. I ONLY HAVE ONE VEHICLE. MY HUSBAND HAS FIVE VEHICLES THAT HE'S WORKING ON. FOUR OLDER TRUCKS. THERE'S 66, 65. AND YOU HAVE, AND YOU HAVE W 9, 10, 99 EMPLOYEES. THAT'S ALL I DO. THAT, THAT SHOW UP TO YOUR PLACE OF BUSINESS. AND HOW LONG ARE THEY THERE? THEY JUST, THEY DON'T JUST COME, THEY PICK UP THEIR CHECKS. THAT'S IT. OKAY. SO MR BECAUSE I'M LOOKING, BECAUSE I'M LOOKING AT THE, NOW I'M LOOKING AT THE SIDE VIEW UHHUH AND THERE'S SIX CARS PARKED, YOU KNOW, BASICALLY ON THE STREET THERE. AND SO I'M JUST TRYING TO TRY TO UNDERSTAND JUST THE NUMBER OF TRAFFIC, YOU KNOW, THAT THAT'S THERE. OKAY. THAT'S LEVERAGING THE, SO NONE OF THOSE VEHICLES, STREET AND THE DRIVEWAY, NONE OF THESE VEHICLES ARE, THEY'RE OPERABLE. AND SO I'M NOT TALKING ABOUT, SO IF YOU DROP DOWN TO THE STREET LEVEL, PLEASE. WHICH ONE? DOWN THIS WAY. THAT WAY. AND NOW, SO, SO NOW THAT'S, IF YOU TAKE A LOOK, THAT'S, SO WE HAVE 1, 2, 3, 4, 5, 6 CARS THERE IN FRONT OF THE HOUSE. OKAY. THESE ARE THE RENTERS. THIS IS THE RENTERS THAT RENT IN THE, THE MOTHER-IN-LAW'S QUARTERS. THEY, THEY HAVE CAP. THEY HAVE THOSE TWO PARKING AREAS FOR THEM. THOSE ARE, THAT WAS ALWAYS THERE, THERE WAS ALWAYS BEEN A MOTHER-IN-LAW'S QUARTERS. THAT'S, THAT'S NOT OURS. THOSE ARE THE TWO FOR THE RENTERS. OKAY. SO, SO, SO NOW, OKAY, SO I DIDN'T UNDERSTAND THAT THE RENTERS, THAT THERE WERE RENTERS, OKAY. YES SIR. SO NOW WE HAVE, SO, SO STORAGE WITH, WITH ON STREET PARKING AND AS WELL AS THE, THE COVERED PARKING IS, IS WHAT I'M HEARING, LESS STORAGE. THIS TRUCK GETS DRIVEN EVERY DAY OVER 300 MILES A DAY. WE PARK IT IN HERE. THE ONLY THING IS WHAT HE WAS WORKING ON IS GETTING THIS ON THIS ONE SOLD, WHICH WE SOLD IT TO A, TO A PERSON THAT'S WORKING FOR US. BUT WE DON'T, WE DON'T, UH, WORK OUT THERE. I KNOW YOU'VE GOT THAT THING, BUT WE DON'T, WE DON'T USE IT AS A, THERE'S JUST SO MANY CARS THERE. I JUST WANT, WE'RE JUST TRYING TO MAKE SURE WE UNDERSTAND WHAT'S GOING ON AT THIS TIME. YOU'RE WELCOME TO COME IN AND LOOK AT IT. AND WHY. AND WHY THE NEED FOR AN 88 FOOT WIDE DRIVEWAY ON A R FOUR SINGLE FAMILY HOME IS A HARDSHIP AND A NECESSITY. THAT'S, BUT IF, IF THE CONCRETE DRIVEWAYS AS YOU'VE SEEN ON, IN THE SUCCESSION ON THERE, THEY'VE ALWAYS BEEN THERE. OKAY, SO WE HAVE THE, WE HAVE, YOU'RE ASKING FOR FIVE VARIANCES. WE HAVE ONE ISSUE THAT STAFF IS STILL RESEARCHING MM-HMM. , WHETHER OR NOT THE, THE DRIVEWAY APRON CAN BE THERE. THAT IS A COMPLETELY SEPARATE ONE ISSUE THING. I DON'T, THE CARPORT IS ANOTHER ISSUE. THE GARAGES BEING TOO CLOSE TO THE, THE STREET RIGHT AWAY IS ANOTHER ISSUE. THE FENCE IS AN ISSUE. AND THEN YOU HAVE, UH, AN ISSUE FOR THE, UM, THE CORNER CLEARANCE. UM, CLEARANCE ALLOW, CAN I SHOW YOU MY DRIVEWAY? CAN I SHOW YOU THE DRIVEWAY? THEY CAN SHOW THE PICTURE. YOU CAN PLEASE DO. OKAY. DO YOU HAVE THE VIDEO [04:45:01] OF THE SEE? OKAY. AND I, I'LL, I'LL CALM DOWN 'CAUSE I'M TRYING TO BE, I'M SORRY. THIS IS THE, THE WALKWAY. THIS IS THE WALKWAY. IT GOES FROM THE MAIN HOUSE TO THE BACK. OKAY. IF YOU WANNA JUST GO THROUGH PICTURE, PICTURE AND I'LL SHOW, I CAN SHOW AND THE VIDEO VIDEO'S WHAT I'M CONCERNED ABOUT. OKAY. THIS IS DRIVING UP TO, THAT'S MY, MY, I'M LOOKING BOTH WAYS. AND THAT'S FROM THE STOP SIGN. YOU HAVE VISIBILITY TO THE RIGHT. THAT'S IT. THAT'S WHERE YOU'RE GOING IN AND GOING. SITTING IN, IN FACT, IT DROPS DOWN. I'LL SHOW YOU ANOTHER VIDEO IS THE LA ONE OF THE LADDER ONES THAT SHOWS THE, UH, MEASUREMENT. THE MEASUREMENT OF THE FENCE IS 46 OR 48 INCHES AND THEN IT DROPS DOWN TO THE STOP SIGN. SO THERE'S VISIBILITY THROUGH THE HOLE. AND I WENT AHEAD AND WENT TO, UH, RECORDS DIVISION TODAY AND THEY HAVE NOT HAD AN ACCIDENT OVER THAT THEY CAN RECORD IT UNLESS THEY HAVE TO DO AN OPEN THING OVER TWO YEARS IN THAT CORNER. THE ONLY THING WAS A MINOR INFRACTION WHERE ONE OF THE CITY TRUCKS HIT A SIDE VIEW MIRROR ON ONE OF THE VE SOME VEHICLE. AND THAT WAS THE ONLY INFRACTION THAT WAS THERE. I'VE GOT THAT HERE ON HAND. IS IT BEING, UH, AN ISSUE AS FAR AS VISIBILITY? UH, I CAN'T SEE IT. IT'S NOT SHOWING ON RECORDS. OTHERWISE I WOULD FEEL THAT'D BE ACCIDENTS. OKAY. SO COMMISSIONER MAN, DO YOU STILL HAVE THE FLOOR? DOES HE HAVE ANY ADDITIONAL QUESTIONS? I, I DO NOT HAVE ANYMORE. OKAY. IS THERE ANY OTHER COMMISSIONER QUESTIONS? COMMISSIONER MENCHACA? SO, UM, IT, THE ISSUES THAT OUR CHAIRMAN BROUGHT UP, THOSE FOUR, SO THE CONCRETE ISSUE ON THE, ON THE BOTTOM, THAT THAT'S ALWAYS BEEN THERE. IT'S OUTTA YOUR HANDS. CITY DID THIS. YES SIR. AND YOU TRY TO FOLLOW UP ON IT SO THAT IN, IN YOUR OPINION, SOMETHING YOU HAD NO CONTROL OVER. I HAD NO CONTROL. I, IT'S BEEN LIKE THAT. THANK YOU. YEP. ANY OTHER COMMISSIONER QUESTIONS? UH, HEARING NONE. SO WHAT WE'RE GONNA DO NOW IS, UH, YEAH. DID WE, DID YOU EVER FIND OUT ANYTHING? WHAT'D YOU FIND OUT? WE, WE CAN'T CONFIRM DEFINITIVELY. IT LOOKS LIKE IN THE 2022 BOND PROJECT, THEY DID HAVE SOME DRAINAGE IMPROVEMENTS PLANNED ALONG THERE. UH, WE DON'T KNOW HOW FAR THEY'VE GONE WITH THAT. OKAY. WHAT, BASED ON WHAT WE'RE SEEING FROM, YOU KNOW, THE MAPS GOING BECAUSE THEY GIVE US PROJECTS FROM 2012 THROUGH 2017 THAT ARE COMPLETE. AND UM, THO NONE OF NONE OF THAT FLAT WORK WAS THERE AT THAT TIME. YEAH. NEITHER, NEITHER WAS THE SIDEWALK. SO, SO WHAT WOULD NORMALLY HAPPEN IS YOU HAVE PERMITS THROUGH DEVELOPMENT SERVICES, BUT THEN IF, IF, IF, IF AS A, AS A HOMEOWNER WHO WANTS TO GET A PERMIT TO DO THAT SORT OF WORK, THEY'D HAVE TO GET A RIGHT AWAY PERMIT OR, OR A SUB PERMIT FROM T C I, WHICH YOU MAY NOT BE ABLE TO SEARCH UP ON YOUR SYSTEM, I ASSUME. ASSUME. CORRECT. SO WE MAY NOT GET A DEFINITIVE ANSWER AT THIS POINT IN THE EVENING, UH, REGARDING WHETHER OR NOT, UH, THE APPLICANT OR THE CITY HAD HAD OR, OR WHAT THEIR, UH, IN INVOLVEMENT WAS ON THE CONSTRUCTION OF THIS. BUT OBVIOUSLY FROM, FROM RECORD PICTURES, THERE WAS A, A RATHER WIDE, RATHER WIDE DRIVEWAY THERE. HISTORICALLY, IF THE CITY DID AN IMPROVEMENT, THEY WOULD DO THEIR BEST TO MATCH IT. AND, AND I HAVE SEEN, I'M JUST TELLING YOU, I'VE SEEN RESIDENTS SAY, HEY, CAN YOU GIMME AN EXTRA FIVE FEET HERE? AND I MEAN, THAT KIND OF STUFF HAPPENS. SO, YOU KNOW, THE BOARD CAN CAN USE THAT AS A MAY. BUT MOVING FORWARD, UH, WE'VE HEARD FROM THE APPLICANT, WE'VE HEARD FROM CITIZENS SIGNING UP TO SPEAK. WE'RE GONNA GIVE YOU A MINUTE TO TELL US ANYTHING YOU WANTED, YOU WANT, WE YOU FEEL WE SHOULD KNOW BEFORE WE WRAP THIS UP AND MOVE ON TO A MOTION. OKAY. WELL I TOLD YOU ABOUT THE RECORDS. I TOLD YOU ABOUT THE GENTLEMAN WHO DID THE CARPORT, HE DID THE LAYOUT AND EVERYTHING. EVERYTHING IS ACCORDING I WENT TO TALK TO, UH, THE CITY AND, AND I GUESS PROVISIONS, WHATEVER IT IS THE DEPARTMENT IS. I WASN'T AWARE THAT WOODLAWN HAD, UH, A TIE IN WITH IT. WHEN WE BOUGHT THE PROPERTY, NOTHING WAS RESTATED. I DID GET THE, UH, PAPERWORK ON THERE. UH, IN THERE. IT DOES NOT SPECIFY, UH, THE SIZE OF, OF THE, UH, CARPORT THAT'S ALLOWED. THE ONLY THING WE DID WAS WE TRIED TO ACCOMMODATE THE MOTHER-IN-LAW'S QUARTERS, WHICH IS THERE, THE GARAGE AND THE PARKING AREA THAT WAS ALLOCATED BEFORE FOR THE VEHICLES AND A BREEZEWAY. UH, EVERYTHING HAS BEEN DONE VERY WELL DONE. UH, THERE'S NO POSTS THAT IMPOSE ON THE, UH, THE, I GUESS, ACCESS TO THE PROPERTY. IT'S ALL UP TO THE FENCE, UP TO THE AREA THAT WE, ACCORDINGLY IS OURS TO BE ABLE TO USE. UM, LOOK TO SEE IF YOU CAN FIND THE PICTURE OF THE LITTLE [04:50:01] APARTMENT MOTHER-IN-LAW'S APARTMENT. IT'S GOT THE OLD GARAGE. OKAY, THAT ONE. OKAY. IF, IF YOU LOOK AT THIS, THIS IS THE, UH, MOTHER-IN-LAW'S QUARTERS, AND THE MOTHER'S NOT QUARTERS, HAS THE FENCE THAT GOES OUT ALL THE WAY OUT HERE. AND ALL WE DID WAS WE JUST COVERED AND THEN SHOW THE OTHER ONE THAT SHOWS THE BAR. NO, THAT ONE, IT'S KIND OF, THIS IS THE WAY THE FENCE LOOKED BEFORE. AND THIS WAS ON HERE. SO WE DID, WE WORKED WITH SOMEBODY WITH ROD IRON HAD, THESE WERE THE TWO, THE GARAGE. SO WE PUT GARAGE DOORS AND WE JUST ENCLOSED AROUND WITH A GALVANIZED WHERE IT LOOKED, GAVE THE, THE, A NICER APPEAL. 'CAUSE PEOPLE WERE JUMPING THE FENCE GOING IN AND THAT'S THE WAY IT WAS. AND RIGHT HERE'S THE MOTHER-IN-LAW'S QUARTERS. WE DID NOT IMPEDE FURTHER OUT. WE JUST FOLLOWED THIS LINE. IN FACT, IF YOU GO BACK O OKAY, THAT'S THE, THE I KNOW. I'M SORRY. OKAY. WE UNDERSTAND THAT THERE, YOU HAD A FENCE THERE, BUT, BUT THE ISSUE BEFORE US IS WHETHER YOU CAN BUILD A CARPORT UP TO THAT DISTANCE, WHETHER OR NOT, UH, YOU'RE ALLOWED TO HAVE A GARAGE DOOR UP TO A CERTAIN DISTANCE FROM THE PARK THERE. IT HAS NOTHING TO DO WITH AN EXISTING FENCE. GOTCHA. OKAY. SO I UNDERSTAND. SO IF THERE'S, WITH THAT, UH, I'M LOOKING FOR A MOTION ON THIS AND WHAT I, WHAT I WOULD LIKE TO REMIND WHOEVER WOULD LIKE TO MAKE THAT MOTION IS THAT, UH, THE DRIVEWAY WIDTH IS, IS SOMETHING THAT MAY HAVE BEEN DONE BY CITI. IT WAS ALREADY VERY, VERY WIDE. AND BY READING IT, IT WOULD JUST, UH, YOU KNOW, JUST KIND OF CLEAR THAT ISSUE IN THE MOVING FORWARD IN THE FUTURE. UH, UM, AND THAT THE, THE, UH, SEVEN AND A HALF FOOT ON THE SPECIAL EXCEPTION WAS ONLY FOR THAT LITTLE SNIPPET ON THE SIDE GATE. IT IS NOT FOR ANYTHING OTHER THAN THAT, UH, PER TESTIMONY. SO WITH THAT, I'M LOOKING FOR SOMEONE TO MAKE A MOTION. ARE WE GONNA HAVE SEVERAL MOTIONS? THERE'S GONNA BE AT LEAST ONE FOR A SPECIAL EXCEPTION. IF SOMEONE WANTS TO READ ONE, THE OTHER FOUR WILL BE INCLUDED IN ONE MAIN MOTION FOR VARIANCE. OKAY. SO WHO WOULD LIKE TO TAKE A, UH, STUPID GO, GO MOVE FORTH WITH THIS? I WANT CLARIFICATION THOUGH. YES. ON THE WIDTH OF THE DRIVEWAY, IF THE VARIANCE FOR WHATEVER REASON DOESN'T PASS, THEN THE HOMEOWNER WOULD BE RESPONSIBLE FOR, UH, CURING THAT. NOT, NOT IF THE CITY BUILT IT. THAT THAT'S, THAT'S MY QUESTION THOUGH. RIGHT? SO WE DON'T KNOW WHAT, WHAT, DOES IT MATTER IF THE VARIANCE PASSES OR NOT? IF IT, IF IN THEORY, IF THE CITY DID IT, IT DOESN'T, UH, BUT WHAT HAPPENS IS, IS WHERE IT GETS, WHERE THIS GETS QUIRKY IS, LET'S SAY THE DRIVEWAY WAS 60 FEET WIDE AND DURING THE CONSTRUCTION OF THE DRIVEWAY, A HOMEOWNER, AND THIS HAPPENS, A HOMEOWNER CAN GO OUT, CAN YOU DO THIS? CAN YOU DO THAT? AND CAN GIMME A LITTLE HERE AND THERE. IT DOESN'T MEAN THE CITY DIDN'T DO IT, IT JUST MEANS THAT, YOU KNOW, AND SO BECAUSE WE HAVE PICTURES BEFORE AND AFTER, WHERE THE BEFORE IS NOT AS WIDE, BUT IT'S STILL PRETTY DARN WIDE, UH, THAT I'M JUST LEAVING IT UP TO THIS COMMISSION TO DECIDE WHETHER OR NOT THEY JUST WANNA CLEAR THIS ISSUE ONCE AND FOR ALL AND LEAVE IT BE OR NOT. DO WE NEED A MOTION ON THAT? CAN I WELL IT ALL BE PART OF THE FIRST, THE FIRST MOTION WILL INCLUDE A VARIANCE. EVERYTHING EXCEPT THE SPECIAL EXCEPTION. I GOT PHONE NUMBERS OF THE GENTLEMAN WHO WERE INVOLVED WITH THE CITY. OKAY. THAT DID IT. I CAN GIVE YOU THEIR NUMBERS. I, NO. OKAY. YEAH. WE'RE, WE'RE, OKAY. SO WE'RE LOOKING FOR SOMEONE TO A, A BRAVE SOUL HERE TO READ A VERY LONG AND DETAILED MOTION. . AND AGAIN, I, I'LL DO IT, BUT I, I DON'T LIKE TO DO MORE THAN ONE A MEETING. I GOT THE NEXT ONE. OKAY. . OH, YOU PASSED THE BOOK, RIGHT? I'LL, I'LL TAKE A, I'LL TAKE A STAB AT, THIS IS THE ONE CASE ENDING IN 96. OKAY. SO REGARDING CASE NUMBER BO BOA DASH 23 DASH 3 96, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A FOUR FOOT 11 VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE TO A 70 FOOT VARIANCE FROM THE MAXIMUM 18 FOOT N C D A DRIVEWAY WITH REQUIREMENT OF AN 88 FOOT WIDE DRIVEWAY. UH, THREE, A THREE FOOT, FOUR INCH VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK REQUIREMENT TO ALLOW A GARAGE TO BE 16 FOOT EIGHT INCHES FROM THE FRONT CURB. AND FOUR, A 17 FOOT SIX INCH VARIANCE FROM THE MINIMUM 25 FOOT CORNER CLEARANCE REQUIREMENT TO ALLOW A FENCE TO LAW OFFENSE TO BE SEVEN FOOT SIX INCHES FROM THE FRONT CURB SITUATED AT 2316 WEST CRAIG PLACE, APPLICANT BEING ED SMITH. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED BY THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY CONSISTENT DEVELOPMENT PATTERNS IN AN UNOBSTRUCTED RIGHT OF WAY, THE APPLICANT IS REQUESTING A VARIANCE OF THE SIDESTEP ACT TO ALLOW A CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE. A DRIVEWAY WIDTH OF 88 FEET AND A LENGTH OF 16 FOOT EIGHT INCHES, AND A CLEAR VISION DISTANCE OF SEVEN FOOT SIX INCHES. STAFF FINDS THAT THE SIDE SETBACK DISTANCE IS, UH, PROVIDES [04:55:01] ADEQUATE DISTANCE FROM THE SIDE PROPERTY LINE. THE ALLOWANCE FOR AN 88 FOOT IN WIDTH DRIVEWAY IS NOT CONTRARY AS A EXTRA DRIVEWAY SPACE WILL KEEP VEHICLES FROM THE RIGHT OF WAY. ADDITIONALLY, THE DRIVEWAY LENGTH OF 16 FOOT EIGHT INCHES IS NOT CONTRARY AS THIS PROVIDES ADEQUATE, UH, SPACING FOR VEHICLES. LASTLY, THE CLEAR VISION REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS A PLACEMENT OF THE FENCE PROVIDES FOR UNOBSTRUCTED VIEWS FOR VEHICLES DRIVING. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION FOUND ON THE SUBJECT PROPERTY IS SIDE YARD HAVING LIMITED SPACE AND THE DRIVEWAY BEING IN THE SIDE YARD WITHOUT THE CARPORT SIDE SETBACK IN THE GARAGE, SETBACK VARIANCE IS BEING GRANTED. THE APPLICANT WOULD NOT BE ABLE TO COVER AND PARK THEIR VEHICLES ADDITIONALLY WITHOUT DRIVEWAY. WITH VARIANCE, THE APPLICANT WOULD BE LIMITED TO PARKING ONE VEHICLE DUE TO LIMITED SPACE. FURTHER, THE SIZE OF THE FRONT YARD WOULD BE DRASTICALLY REDUCED TO ABIDE BY THE MINIMUM CORNER. CLEAR VISION REQUIREMENTS MAY BE RESULTED IN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. IN THIS CASE, THE AIM OF THE CODE IS FOR BUILDING REGULATIONS, AND WE ARE PROVIDED TO ALLOW FOR CONSISTENT DEVELOPMENT PATTERNS AND SAFETY. BY GRANTING THIS VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED BY PRESENTING VEHICLES, PREVENTING VEHICLES FROM PARKING IN THE RIGHT OF WAY. INADEQUATE DISTANCE AND SPACE FOR THE CARPORT AND DRIVEWAY ARE PRESENTED IN THIS SITUATION. LASTLY, THE CLEAR VISION DISTANCE OF SEVEN FOOT SIX INCHES. WOLVES ARE THE SPIRIT OF THE ORDINANCE AS FENCES PREDOMINANTLY OPEN AND ALLOWS FOR THE SITE TO NOT BE OBSTRUCTED. FOUR, THE VARIANCE WILL NOT AUTHORIZED OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED. IF GRANTED, THE CARPORT DRIVEWAY FENCE WILL STAY IN THEIR CURRENT LOCATION AT THE DEVIATED MEASUREMENTS AND DISTANCES. THESE, THESE REQUESTS WILL NOT IMPOSE ON THE ADJACENT PROPERTIES UPON SITE VISIT STAFFS HAS OBSERVED OTHER DRIVEWAYS EXCEEDING THE MAXIMUM WIDTH AND UNDER THE MINIMUM SETBACK. ADDITIONALLY, OTHER CARPORTS ARE SEEN IMPEDING INTO THE SETBACK AND IN THE SURROUNDING AREA. ADDITIONALLY, STAFF FOUND THE CURRENT DISTANCE OF THE CLEAR VISION WILL NOT INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTIES. SIX. THE PLIGHT OF THE OWNER FOR THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT READILY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SPACING IN THE SIDE YARD AND LOCATION OF THE PROPERTY BEING SITUATED ON OUR CORNER LOT. THE CIRCUMSTANCES APPEAR TO BE THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. END OF MOTION. SECOND. WE HAVE A SECOND BY COMMISSIONER MANNA. SO I READ THIS MOTION AS, UH, UM, THE, THE, THE SUGGESTED TEMPLATE, UH, PROVIDED. UH, WHAT I WOULD BE COMPLETELY OPEN TO, AND I'M HOPING SOMEBODY ACTUALLY ASKED FOR A FRIENDLY AMENDMENT, UH, IS, IS TO REMOVE SOME ITEMS FROM, FROM WHAT I DID READ, UH, THIS, THE VARIANCE AS READ HAD FOUR COMPONENTS. THE FIRST ONE IS A SIDE SETBACK FOR THE ATTACHED CARPORT. UM, I AM, I'M NOT IN FAVOR OF THAT. THE DRIVEWAY WITH I AM IN FAVOR OF BECAUSE I THINK IT WAS PREEXISTING AND I I TRULY BELIEVE THE CITY BUILT IT. UH, BUT I WOULD LIKE TO GET THIS CLEARED ONCE AND FOR ALL, UM, FROM ANY FUTURE ISSUES. NUMBER THREE, THE VARIANCE FROM THE 20 FOOT GARAGE SETBACK. UM, ALSO NOT A FAN OF. UH, AND THEN ITEM NUMBER FOUR, UH, THE, THE VARIANCE FROM THE CORNER CLEARANCE. THAT ONE I'M NOT OPPOSED TO. SO, UM, I'M LOOKING FOR, I'M LOOKING FOR A, UM, A FRIENDLY AMENDMENT. AND AS WE MOVE FORWARD THIS COMMISSION, I WOULD, I WOULD DO A FRIENDLY AMENDMENT AS PER YOUR SUGGESTION. LET, LEMME HEAR FROM COMMISSIONER MANA FIRST. GO AHEAD. UM, IT, IT WOULD NOT BE SUPPORTED AS IT'S CURRENTLY READ FROM ME. UM, AND SO REGARDING THOSE TWO AMENDMENTS, UM, YOU KNOW, I THINK THAT THE, THE DRIVEWAY PIECE, YOU KNOW, YOU KNOW, I'M CONFUSED AS TO WHEN IT ALL HAPPENED AND TRANSPIRED AND, AND HOW IT GOT TO WHERE IT GOT TO. AND SO IT'D BE REALLY NICE TO HEAR FROM THE CITY. 'CAUSE YOU KNOW, I, UM, YOU KNOW, I DON'T KNOW ABOUT GRANTING VARIANCES FOR SOMETHING THAT I DON'T KNOW WHO WHO, WHO DID IT. YEAH. UM, AND THEN, UM, WITH REGARDS TO THE, UM, LET'S SEE, THE, THE CLEAR, THE CLEAR VISION. YEAH, I THINK FROM THAT PERSPECTIVE, THE FENCE IS FINE. SO, SO I GUESS I'D BE OKAY WITH THAT PART. OKAY. SO, SO, UM, WE, ARE YOU OFFERING A FRIENDLY AMENDMENT TO, TO REMOVE THE, THE GARAGE AND THE CARPORT ISSUES FROM THIS? YES. OKAY. I DO ABSOLUTELY ACCEPT THAT. UM, AS FAR AS THE DRIVEWAY WITH, UH, I, I, I REALLY JUST THINK THE CITY DID IT. THE STAFF MENTIONED IT WAS FROM A BOND JOB. I, I DON'T KNOW. I'M NOT OPPOSED TO THAT. I'D LIKE TO HEAR FROM OTHER, OTHER COMMISSIONERS TO SEE WHAT, WHAT THE, WHAT THE, WHAT THE CLIMATE IS ON THAT. COMMISSIONER KAPLAN, I AGREE WITH YOU. I, I AGREE. WE DON'T KNOW WHO DID THE, THE WIDTH. I DON'T LIKE THE CARPORTS. [05:00:01] THEY'RE FAIRLY RECENT. UM, AND THAT'S THAT AND THE, AND THE CLEAR VISION'S. NO PROBLEM. OKAY. SO WE HAVE A, THE, THE, THE FRIENDLY AMENDMENT HAS BEEN ACCEPTED. NOW THE, THE MOTION BEFORE THIS BOARD IS SOLELY ON THE ISSUES OF THE DRIVEWAY WIDTH AND THE CORNER CLEARANCE, UH, CLEAR VISION, UH, ISSUE FOR THIS, FOR THE PREDOMINANTLY OPEN FENCE. AND I, AND I AM GONNA AMEND MY MOTION TO SAY PREDOMINANTLY OPEN FENCE ON ITEM NUMBER, UH, FOUR, IF THAT'S OKAY. COMMISSIONER MANNA ACCEPTED. OKAY. SO IT, SO THE, THE, THE TWO OUTSTANDING ISSUES, OR THE MAIN ISSUE IS THE DRIVEWAY. SO IF A COMMISSIONER WOULD LIKE ANY COMMISSION, LIKE TO ADD TO THAT? YEAH, I WOULD SUPPORT, UH, THE VARIANCE ON THE DRIVEWAY WITH, I THINK GIVEN THAT THE CITY OBVIOUSLY WAS PART OF THEIR IMPROVEMENT PACKAGE, WE DON'T KNOW IF THE APPLICANT MAY, YOU KNOW, MIGHT'VE APPROACHED THEM. BUT WE WILL GIVE THE BENEFIT OF THE DOUBT AND, AND SUPPORT THAT ALSO THE APPLICANT PROVIDED TESTIMONY, UH, WITH A VIDEO OF THAT CLEAR VISION ON THE CORNER. AND I DIDN'T SEE ANYTHING THAT IMPEDED VISION WITH THAT FENCE. SO THOSE MOTIONS AS, AS READ, ARE THERE ANY COMMISSIONERS THAT WOULD LIKE THE DRIVEWAY REMOVED FROM THE MOTION? UH, I KNOW COMMISSIONER MANNA HAD MENTIONED HE DID. IS THERE ANY OTHER COMMISSIONERS? OKAY, SO WE'LL KEEP IT IN THERE. I'M SORRY TO MAKE A VOTE ALL ON ONE THING, BUT, UH, IF THERE'S NOTHING ELSE, YEAH, IF THERE'S NOTHING ELSE FROM ANYONE, LET'S HAVE A ROLL CALL VOTE ON THE AMENDED MOTION. DEALING SOLELY WITH THE, UH, THE, THE, UH, CLEAR VISION AND THE, UH, DR. DRIVEWAY WIDTH. MR. MANNA, I DO NOT SUPPORT THE FINDINGS OF FACT, MR. MINKA. I CONCUR. MS. BROWN. I CONCUR. THANK YOU, MS. HAYES. I CONCUR. MR. DEAN. I CONCUR. THANK YOU, MR. ZUNIGA. I CONCUR. THANK YOU, MS. KAPLAN. I CONCUR. THANK YOU, MS. MR. CODDLE CONCUR. MS. BRAGMAN, I CONCUR WITH THE AMENDED FINDINGS OF FACT, MR. OZUNA. YES. I CONCUR WITH THE AMENDED FINDINGS OF FACT AS WELL. CHAIR ORIAN AND I CONCUR WITH THE AMENDED, UH, FINDINGS OF FACT. THE MOTION PASSES 10 TO ONE. UH, NOW THERE'S GONNA BE A MOTION ON THE, UH, SPECIAL EXCEPTION. UH, DID ANYBODY WANNA READ THAT OR I CAN READ IT. ZUNA. I'LL TAKE IT. COMMISSIONER ZUNA AS I PROMISED HIM. OKAY. REGARDING CASE NUMBER BO O A DASH 23 DASH 0 3 9 6, I MOVE THAT THE BOARD OF ADJUST ADJUSTMENT GRANT A REQUEST FOR A ONE FOOT FIVE INCH SPECIAL EXCEPTION FOR THE MAXIMUM SIX FOOT SIDE YARD FENCE HEIGHT REQUIREMENT, UH, TO ALLOW A SEVEN FOOT FIVE INCH PREDOMINANTLY OPEN FENCE ON THE SIDE YARD. UH, CURRENT SITUATION ON THAT FRONT FACING, UH, GATE, UM, THAT WHERE THE APPLICANT PROVIDED AN EXHIBIT OF THAT SPECIFIC GATE SECTION, THAT THE, UH, VARIANCE WOULD APPLY TO SITUATED AT 2 2 3 1 6 WEST CRAIG PLACE, APPLICANT BEING EDA SMITH. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD'VE RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE THE SPECIAL EXCEPTION WILL BE IN HARMONY TO THE SPIRIT OF THE PURPOSE OF THIS CHAPTER. THE U D C STATES THAT THE BOARD OF DRUGS CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION. THE EVENT HEIGHT, FENCE HEIGHT REQUEST IS PREDOMINANTLY OPEN, IS NOT EXCEED EIGHT FEET AND HEIGHT. IF GRANTED, THE STAFF FINDS A REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS ORDINANCE BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO PROTECT PROPERTY OWNERS WHILE STILL PRO PROMOTING A SENSE OF COMMUNITY. THE FENCE HEIGHT IS LOCATED ONLY IN ONE SECTION OF THE SIDE YARD AND IS EXCEEDING THE MAXIMUM HEIGHT REQUIREMENT BY ONE FEET, FIVE INCHES. THE FENCE IS PREDOMINANTLY OPEN WITH WHICH STILL SERVES THE PUBLIC WELFARE AND CONVENIENCE. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE WILL CREATE ENHANCED SECURITY AND PROVIDE FOR THE, UH, THE SUBJECT AND ADJACENT PROPERTIES. DE THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FORCES A SPECIAL EXCEPTION OF ASSAULT. THE ADDITIONAL FENCE HEIGHT IN THE SIDE YARD OF THE SUBJECT PROPERTY DOES NOT APPEAR TO ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION OF ASSAULT AS A FENCE IS FOR, IS FOR PRIVACY AND SECURITY. UH, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT'S REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT. THE PURPOSE OF THE FENCING STANDARD IS TO PROTECT HEALTH, SAFETY AND GENERAL WELFARE OF THE PUBLIC. SPECIAL EXCEPTION REQUEST IS ALLOW A SEVEN FOOT, FIVE INCH, UH, TALL FENCE TO ADD SECURE TO THE OWNER. THEREFORE, THE REQUEST, THAT SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND OF SPECIAL DISTRICT. SECOND. SECOND BY COMMISSIONER KAPLAN. COMMISSIONER UNA? YES. AS I READ, UH, WE, UH, LIMITED THE, UH, THE EXEMPTION TO THAT, THE, THAT SPECIFIC SECTION OF THE FENCE THAT'S ALREADY CONSTRUCTED. SO THEREFORE I'M SUPPORTING THE MOTION COMMISSIONER KAPLAN. RIGHT. I'M, I'M IN SUPPORT OF THAT TOO, BECAUSE THERE IS A, A REAL REASON WITH THE DOGS THAT YOU MENTIONED. SO I WOULD SUPPORT THAT. ALL RIGHT. IS ANY OTHER COMMENTARY HEARING UNANIM US HAVE ROLL CALL VOTE PLEASE. MR. OZUNA? I CONCUR. MS. KAPLAN I CONCUR. [05:05:01] MS. MENCHACA I CONCUR. MS. BROWN CONCUR. MS. HAYES? I CONCUR. MR. DEAN. I CONCUR. MR. ZUNIGA. I CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. CODDLE CONCUR. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ONE. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF ABOUT, UH, I'M GONNA GIVE THE NUMBER TO THE PEOPLE THAT WERE IN CHARGE OF, OF THAT, OKAY. AND STAFF, DID YOU EVER MAKE ANY CONTACT WITH 26 27 SAN LUIS STREET? UH, THE APPLICANT'S DAUGHTER ANSWERS SAYING THE APPLICANT WAS SICK AND COULD NOT MAKE IT TODAY. OKAY. DID THEY OFFER ANOTHER DATE THEY COULD MAKE IT? UH, SHE WAS VERIFYING WITH HER MOTHER, BUT I HAVE NOT HEARD BACK YET. UM, I DID INFORM HER THE NEXT MEETING IS IN THREE WEEKS. UM, IT'S JUST F Y I. WE DO HAVE ONE COMMENT ON THAT CASE. OKAY. SO FOR ITEM NUMBER 13, LET'S HEAR THE, UM, WE ALREADY HEARD THE PRESENTATION. I'M BRINGING ITEM NUMBER 13 UP. PLEASE PLAY THE, UH, UH, PUBLIC COMMENTARY. UM, IT WAS, IT WAS THE, UH, THE PRESIDENT OF THE, UM, NEIGHBORHOOD ASSOCIATION WAS HERE, LEFT ME A NOTE. HE HAD TO LEAVE, UH, SAYING THE, UH, RUSSELL WELL, AS THE PRESIDENT IS NOT IN FAVOR OF THE VARIANCE. THAT'S ALL THEY LEFT. OKAY. SO AS THE COMMISSION, I'D LIKE TO MAKE A MOTION, UH, TO CONTINUE TO JUNE 5TH, SECOND. OKAY. SO WHO, WHO, UH, WHO WAS THAT? MR. HAY. OH, RIGHT. COMMISSIONER HAYES. AWESOME. UH, WHO'S THE SECOND ON THAT? SECOND. ALL RIGHT. COMMISSIONER ZUNIGA HAS A SECOND. UH, LET'S HAVE A ROLL CALL. VOTE PLEASE. MR. ZUNIGA, YOU OH TWO HAYES. OKAY. MS. HAYES CONCUR. MR. ZUNIGA, EXCUSE ME. MR. MIN CHACO? YES. MS. BROWN CONCUR. MR. DEAN CONCUR. MR. MANO CONCUR. MS. KAPLAN CONCUR. MR. CODDLE? MS. BRAGMAN, I APPROVE MR. OZUNA. I CONCUR. CHAIR ORIAN AND I CONCUR. UH, CASES, UH, MOVE, UH, CONTINUE TO JUNE 5TH. ALL RIGHT. ITEM NUMBER 15. MR. CODDLE HAS TO GO FOR THE EVENING. OKAY. LET THE RECORD SHOW THAT, UH, COMMISSIONER CODDLE IS LEFT AT 6 29. WE ARE DOWN TO 10. OKAY. ITEM NUMBER 15 IS BO O A DASH TWO THREE DASH 1 0 3 0 0 0 9 7. ADDRESS IS 1 8 2 3 WEST CRAIG PLACE AND CITY COUNCIL DISTRICT SEVEN. APPLICANT IS ROBERT BENKE. A REQUEST FOR A 13 FOOT EIGHT INCH VARIANCE FROM THE MAXIMUM ENTITY. EIGHT FRONT FACING FACADE WIDTH OF 50 FEET TO ALLOW FRONT FACING FACADE WIDTH OF 63 FEET, EIGHT INCHES, AND TO A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK REQUIREMENT TO ALLOW CARPORTS TO BE ONE FOOT SIX INCHES FROM THE REAR PROPERTY LINE. AND THE CURRENT ZONING IS R FOUR CD. THE SUBJECT PROPERTY IS LOCATED ALONG WEST CRAIG PLACE NEAR THE WOODLAWN LAKE AREA. CURRENTLY THE LOT MEASURES A HUNDRED FEET IN WIDTH AND A VACANT SINGLE FAMILY DWELLING IS PRESENTLY THERE. ADDITIONALLY, THE APPLICANT RECENTLY WENT THROUGH A ZONING CHANGE TO ALLOW FOUR DWELLING UNITS. THE APPLICANT IS ANTICIPATING EXPANDING THE PRESENT STRUCTURES, FRONT FACADE TO 63 FEET, EIGHT INCHES TO ALLOW FOR THE ADDITIONAL UNITS. THE SUBJECT PROPERTY IS LOCATED WITHIN MOTIVATION DISTRICT, WHICH CAPS FRONT FACADES AT 50 FEET. AND THIS IS THE SITE PLAN. AND AS YOU CAN SEE, THE AREA IN THE GRAY IS WHERE THE EXISTING STRUCTURE IS. AND THEN THE PORTION IN WHITE IS THE EXPANSION OF THE FRONT FACADE. OKAY. AND THIS IS THE SUBJECT PROPERTY AND THEN THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE FRONT FACADE, WIDTH AND REAR SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O A DASH TWO THREE DASH 1 0 3 0 0 0 9 7 BASED ON THE FOLLOWING, ONE, NO OTHER STRUCTURES IN THE IMMEDIATE AREAS SEEM TO BE EXCEED THE MAXIMUM FRONT FACADE WIDTH, WHICH DOES NOT PROMOTE THE EXISTING DEVELOPMENT PATTERNS AND ARCHITECTURAL INTEGRITY OF THE NEIGHBORHOOD. AND TWO, THE ANTICIPATED REAR SETBACK DISTANCE ALLOWS FOR MAINTENANCE TO BE LIMITED AND IS TOO CLOSE TO THE ABUTTING PROPERTY LINE. AND THIS IS THE NOTIFICATION PLAN. STAFF MAILED OUT 29 NOTICES. ONE RETURNED IN FAVOR, ZERO IN OP, OR I'M SORRY, FOUR IN OPPOSITION WITH THREE OUTSIDE THE 200 FEET. AND WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION OF THEIR REQUESTS. AND THEN THIS IS THE NEIGHBORHOOD ASSOCIATION [05:10:01] RESPONSE. AND THEN THE NEXT SLIDE ARE PUBLIC RESPONSES. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. OKAY, BEFORE YOU GO, JUST TO MAKE WE'RE CLEAR, WHAT, WHAT YOU SHOW IS UNIT ONE AND TWO ON THE SIDE PLAN, THAT'S AN EXISTING HOME, GO BACK. SO THE EXISTING STRUCTURE IS WHERE IT, IT IS SHADED WHERE IT SAYS UNIT ONE, AND THEN THE WHITE PORTION WHERE IT SAYS UNIT TWO, THAT'S THE EXTENSION OF THE FRONT FACADE. BUT MAYBE THE APPLICANT CAN EXPLAIN THAT A LITTLE BIT BETTER. YOU CAN POINT DID YOU USE THE POINTER TO SHOW IT? OKAY. SO THIS IS THE EXISTING STRUCTURE. YEAH, THIS GRAY SHADED PART. AND THEN THIS IS THE, UM, THE EXTRA FRONT, FRONT FACADE LENGTH. SO, SO HOW WIDE IS THE EXISTING HOME NOW? IT EASILY EXCEEDS THE 50 FEET BECAUSE IT LOOKS LIKE THERE'RE ONLY, HE'S ONLY MAKING IT ABOUT FIVE FEET WIDER. WELL, WE'LL HEAR FROM YOU A SEC. IT LOOKS LIKE IT'S ABOUT FIVE FEET WIDER. DO YOU HAVE ANY VERIFICATION OF WHAT THE EXISTING UM, I CAN GET THAT FOR YOU IN A SECOND BECAUSE LIKE, BECAUSE THE CY PLAN'S A LITTLE BLURRY, I COULDN'T ZOOM INTO THAT DIMENSION. ALL RIGHT. SO WE'LL HEAR FROM THE APPLICANT. HE WILL CLARIFY THAT FOR US. UH, HI CHRIS. THANKS FOR HEARING ME. ROBERT BINKI, UH, 80 65 PER ROAD. THANK YOU FOR HEARING US AND TAKING ALL THIS TIME. UH, THE CURRENT STRUCTURE IS OUTSIDE OF THE SCOPE. IT IS 56 FEET AS IT SITS TODAY. SO FROM THAT WE'RE SEEKING ANOTHER SEVEN FEET, SEVEN FEET, EIGHT INCHES BECAUSE IT WAS ALREADY OUTSIDE OF THE 50 FOOT THAT THE GUIDELINES, UH, SPEAK ABOUT. UM, COUPLE POINTS WE'D LIKE TO TOUCH ON AS FAR AS WHAT STAFF SAW. UM, I WOULD STATE THAT THERE ARE TWO HOMES ON THE BLOCK ON OUR, I GUESS IT'S, UH, LET ME SEE, WEST FRENCH PLACE. SO THE BLOCK CLOSEST TO WOODLAWN. THERE'S A HOME AT 1943 AND 1931 THAT BOTH, UH, HAVE A BIGGER FRONT FACADE THAN THE 50 FOOT. UM, ONE IS OLDER AND BUILT IN THE FIFTIES AND ONE IS A NEWER BUILT BUILT IN 2020. YEAH, AND THAT'S OKAY 'CAUSE YOU'RE EXISTING HOME IS ALREADY EXCEEDING IT, SO THAT'S RIGHT. OKAY. YES SIR. ALL RIGHT. UM, JUST SOME POINTS TO MAKE ABOUT WHAT WE'VE BEEN WORKING ON HERE. I'VE BEEN WORKING ON THIS FOR EIGHT MONTHS, TRYING TO GET THROUGH ZONING AND EVERYTHING OF THAT NATURE. UM, WE ARE IN A DOUBLE LOT. WE ARE A HUNDRED FEET WIDE, SO WE ALMOST HAVE HALF AN ACRE SITTING DOWN THERE. UM, IT'S A HUNDRED BY 181 FEET. SO WHAT WE'RE ESSENTIALLY TRYING TO DO IS PUT TWO UNITS PER LOT BUT MAKE IT MORE APPEASING TO THE NEIGHBORHOOD AND THE, UH, WAY IN WHICH WE DESIGNED IT. WE'VE WORKED RELENTLESSLY WITH OUR ARCHITECT. WE'VE HAD SEVERAL MEETINGS WITH THE WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION. UM, ALTHOUGH WE HAVEN'T BEEN ABLE TO SEE EYE TO EYE, UM, THERE ARE PLENTY OF MULTI-FAMILY PROPERTIES IN THE AREA. UM, THE NEAR NORTHWEST PLANS FUTURE LAND USE MAP STATES THAT THIS BLOCK OF WEST CRAIG IS IDENTIFIED AS A MEDIUM DENSITY RESIDENTIAL. AND THAT STATES MEDIUM DENSITY RESIDENTIAL AS INCLUDING SINGLE FAMILY HOMES, DUPLEXES, TRIPLEXES, FOURPLEXES, TOWN HOMES, COTTAGE HOUSING, AND ACCESSORY DWELLING UNITS. IN MY OPINION, THIS IS EXACTLY WHAT WE'RE PROPOSING. A FOURPLEX. UM, THE IMPERVIOUS COVER WE'VE GOTTEN DOWN TO 54.2%. WE'VE NEGOTIATED. WE INITIALLY HAD HARD SURFACE FOR DRIVEWAYS COMING DOWN EACH SIDE OF THE LOT. I WAS HAPPY TO NEGOTIATE AND PUT SOME CRUSH GRANITE. SO WE HAD IMPERVIOUS STRUCTURE. UH, WE'VE NEGOTIATED MAKING SURE ALL THE STRUCTURES HAVE GUTTERS. NO PROBLEM AT ALL. HAPPY TO DO IT. UM, WE'VE GIVEN MULTIPLE CONTINUANCES TO WOODLAND LAKE ASSOCIATION THROUGHOUT THE ZONING PROCESS, UM, SO THAT WE COULD MEET AND TRY AND MEET EYE TO EYE. ALTHOUGH WE WERE UNABLE TO MEET EYE TO EYE ON THIS PROJECT, WE DID MAKE IT THROUGH A SUPER MAJORITY VOTE OF CITY COUNCIL OF NINE TO 11. AND WE MADE IT THROUGH ZONING COMMISSION NINE OUTTA 10. SO WE'VE DONE OUR DUE DILIGENCE THERE. I'VE ALSO CONTINUED TO REMOVE A SECOND STORY ON UNIT TWO TO KEEP THE FRONT OF THE FACADE LOWER AND ONE STORY IN THE FRONT AND NOT EXCEEDING THE CURRENT HEIGHT OF THE BUILDING THAT IS THERE. I REMOVED 699 SQUARE FEET FROM UNIT TWO TO ACCOMMODATE OUR SIZE BY SHRINKING UNIT TWO. NOW I'M SEEKING THE VARIANCE OF SEVEN FOOT EIGHT INCHES FROM WHAT IS CURRENTLY ON SITE, WHICH IS 56 FEET. UM, I'VE GONE FROM NINE BEDROOMS TO SEVEN BEDROOMS. I'VE PROVIDED PARKING SPOTS IN THE REAR OF THAT FOR EVERY BEDROOM, INCLUDING ONE ADDITIONAL PARKING SPOT. SO WE HAVE EIGHT PARKING SPOTS ON SITE, SO WE WON'T BE PARKING IN THE STREET. WE WON'T BE TAKING UP ANY OF THAT. WE'VE NEGOTIATED THAT. UM, ONE OF THE MAIN POINTS I'D ALSO LIKE TO MENTION, I'M TRYING TO KEEP THE ORIGINAL HOME. I DON'T WANT TO TEAR THAT ORIGINAL HOME DOWN. I'D LIKE TO TEAR THE ADDITIONS OFF THE SIDE OF IT AND PUT A HOME NEXT TO IT AND MAKE IT TWO UNITS IN THE FRONT AND THEN TWO NEW UNITS IN THE REAR. SO AS A HISTORIC HOME SPECIALIST, I AM TRYING TO SALVAGE THIS OLD 19 HUNDREDS TURN OF THE CENTURY HOME. UM, WE'RE TRYING TO MODIFY, UPDATE IT, RIGHT? BUT I DON'T WANT TO LOSE THAT CHARACTER THAT IS IN THE NEIGHBORHOOD AND IS IMPORTANT TO THAT OVERLAY DISTRICT. AND I UNDERSTAND THAT THAT'S IMPORTANT. UM, I'VE LIVED IN THE AREA, UH, [05:15:01] SO I UNDERSTAND DRAINAGE IS AN ISSUE. THAT'S WHY I BROUGHT UP THE IMPERVIOUS COVER AND THE GUTTERS THAT WE'VE INCLUDED IN THAT. UM, AND WE'RE HAPPY TO DO ALL OF THAT. ANY FENCE WORK WILL BE ON US AS FAR AS ADDING FENCING AROUND THE PROPERTY WHEN THE TIME COMES. WE AREN'T SEEKING ANY VARIANCES FOR THAT. JUST THE WIDTH AND THE PARKING STRUCTURE IN THE BACK IS WHAT WE'RE LOOKING FOR TODAY. OKAY, QUICK QUESTION FOR STAFF. THIS CARPORT IS, IS 18 IS 18 INCHES AWAY FROM THE REAR PROPERTY LINE. UH, IS HE ALLOWED TO PUT A POST AT FIVE FEET AND THEN HAVE IT OVERHANG UP TO TWO FEET BEYOND THE POST WITHOUT A VARIANCE? FAIR QUESTION. YES. OKAY. SO WHAT THAT MEANS IS THAT IF YOU PUT YOUR POST AT FIVE FEET AND YOU OVERHANG TWO, I'M HAPPY YOU'LL BE THREE FEET AWAY. AND SO IF THAT VARIANCE DOESN'T PASS, THAT WOULD BE, I WOULD BE HAPPY TO NEGOTIATE THAT AND DO SOME SORT OF CANTILEVER STRUCTURE THERE JUST SO THEY HAD SOME SORT OF COVERED PARKING FOR THE RESIDENCE. ABSOLUTELY. WE COULD NEGOTIATE ON THAT. EVERYBODY FOLLOW THAT? YES. OKAY. SO, UM, AND THEN AS FAR AS THE UM, UH, FRONT AND FACADE, THAT'S JUST FOR US TO DELIBERATE ON. YEAH. IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? YES. OKAY. I DON'T, I WANT TO ASSUME, I FORGOT TO ASK IF THERE'S PUBLIC COMMENTARY. WE DO HAVE, UH, ONE VOICEMAIL, ONE SPEAKER. DANG. WELL, YOU'LL BE FIRST. COMMISSIONER MINCHA. SO LET'S HEAR THE VOICEMAIL, THEN WE'LL HAVE THE SPEAKER BEFORE BE. SO JUST, UM, YES, SIR, THERE WAS THIS QUESTION FOR CITY. SO THIS WENT BEFORE ZONING, UH, OR I GUESS PLANNING AND, UM, I DUNNO, PLANNING, ZONING OR WHATEVER. SO, SO WHAT IS THE CURRENT ZONING ON THIS PROPERTY? 'CAUSE IT'S, BECAUSE IT STILL SHOWS R FOUR. IT HADN'T CHANGED YET. 'CAUSE IT'S A 2022 ZONING CASE. WHEN, WHEN DID THIS PASS ZONING KIND? IT, IT JUST RECENTLY PASSED LIKE A MONTH AGO. LIKE WHAT IS IT NOW? IT'S NOW R FOUR, CD R FOUR CD FOR FOUR UNITS. YEAH. OKAY. NOW, WHEN YOU DO A CD, I'M, I'M GOING TO ASK SOME MORE QUESTIONS ON THAT. WHEN YOU DO A CD, YOU HAVE TO TURN IN A SITE PLAN, RIGHT? YES. YOU DO. DID THIS HAVE TO GO AS A PLAN AMENDMENT TWO TO THE PLANNING COMMISSION? YES. YES. OKAY. SO WE HAD A PLANNING COMMISSION MEETING, WE HAD A ZONING COMMISSION MEETING AND A CITY COUNCIL COMMISSION MEETING WITH THIS SITE PLAN, CORRECT THAT. SO EV EVERYBODY HAS SEEN THIS AND YEAH, IT'S THE SAME. AND, AND THAT'S WITH PUBLIC COMMENTARY ON THIS SPECIFIC SITE PLAN. AND IT, AND IT PASSED. AND THIS IS THE EXISTING FOOTPRINT OF THE BUILDING, JUST MAKING TWO MINUTES OUTTA THE GRAY, THE SHADED AREAS. YES. THE SHADED GRAY RIGHT THERE. THERE WAS A SECONDARY STRUCTURE IN THE REAR THAT I'VE ALREADY DEMOLISHED. THIS STRUCTURE RIGHT HERE WAS AN OLD GARAGE AND WE HAD OUR PERMITTING AND EVERYTHING TO DEMOLISH THAT STRUCTURE. BUT THIS FRONT STRUCTURE RIGHT HERE IS CURRENTLY THERE AS IT SITS TODAY. YES, MA'AM. OKAY. SO WITH THAT, UH, WE HAVE A VOICEMAIL AND THEN, UH, SOMEONE SIGN UP TO SPEAK. HI, MY NAME IS DIANA RAMOS AND I LIVE AT 1815 WEST CRAIG. I'M CALLING TO OPPOSE THE TWO VARIS BEING REQUESTED. UH, ONE THIR THE NUMBER ONE 13 FEET, EIGHT INCHES VARIANCE FROM THE MAXIMUM, UH, N C D FRONT FACING AND NUMBER TWO, THREE FEET, SIX INCHES VARIANCE FROM THE MINIMUM FIVE REAR SETBACK REQUIRED TO ALLOW A CARPORT TO BE ONE FEET SIX INCHES FROM THE PROPERTY LINE. I AM DEFINITELY OPPOSED TO THESE VARIANTS BEING PASSED. HI, MY NAME IS DOLORES GONZALEZ. I LIVE AT 1810 WEST WOODLAWN. I'M CALLING ON BEHALF OF MYSELF AND MY FATHER, JESUS FLORES, 1812 WEST WOODLAWN. I'M HIS POWER OF ATTORNEY. IT'S REGARDING CASE 1 0 3 0 0 0 9 7 18 23 WEST CRAIG, WE ARE OPPOSED TO BOTH VARIANCES BEING OFFERED. UM, IT'S GONNA BE AN EYE SOURCE FOR, FOR US TO SEE THAT IN THE BACKYARD, AND WE DO NOT THINK THAT THEY SHOULD BE ABLE TO BUILD ALMOST UP TO THE, THE FENCE LINE. I MEAN, THERE, THAT'S THE PURPOSE OF THE, THE SETBACKS IS TO PROTECT THE NEIGHBORING PROPERTIES. AND I DON'T FEEL THAT IT'S GOING TO, TO DO THAT IF, IF IT'S ALLOWED OR IF YOU CAN CALL ME IF YOU HAVE MORE QUESTIONS. 2 1 0 8 4 3 9 6 0 0. SO PLEASE SUBMIT OUR TWO VOTES FOR OPPOSITION. HELLO? UH, MY NAME IS MARCUS SERTA. I LIVE AT 1836 WEST CRAIG PLACE, SAN ANTONIO, TEXAS 7 8 2 0 1. UH, THE AGENDA ITEM [05:20:01] IS NUMBER 15, AND THE CASE IS BO A 23 DASH 0 3 0 0 0 9 7. UH, I'D LIKE TO LEAVE SOME COMMENTS. I'M NOT SURE IF I'LL BE ABLE TO MAKE MONDAY'S, UH, HEARING, UM, BUT I, I AM GONNA SAY ABOUT THE DEVELOPMENT OR THE, THE PROPOSED FACADE AND, AND THE, THE CHANGING OF THE EASEMENTS AND ALL THAT. I DON'T AGREE WITH IT. UH, MY FAMILY DOES NOT AGREE WITH IT. WHEN I MOVED IN FOUR YEARS AGO, UH, WE WERE WHOLEHEARTEDLY SET ON THE APPEARANCE, THE AESTHETICS, THE HOMELY SEAL OF THE OLD AND, UM, I GUESS, UH, ESTATELY YARDS THAT ARE CURRENTLY IN OUR NEIGHBORHOOD AND DOWN THE STREET. IF THIS ADDRESS WAS TO BE CONVERTED INTO THIS AIRBNB TYPE, UH, THOROUGHFARE OF PEOPLE WITH PARKING, COVERED PARKING AND ALL THIS, IT WOULD NOT KEEP WITH THE TRADITION AND THE, AND THE, THE, I GUESS THE AESTHETICS OF WHAT WE MOVED INTO OUR COMMUNITY FOR. IT WOULD TAKE AWAY THE HOMELY FEEL AND MAKE IT MORE COMMERCIALIZED. AND WE DO NOT WANT TO BE ANOTHER ONE OF THE SAN ANTONIO NEIGHBORHOODS THAT'S GENTRIFIED INTO, INTO NON-RELEVANT. UH, MY FAMILY MOVED HERE TO RAISE OUR YOUNG FAMILY. WE DO HAVE TWO TEENS AND TWO YOUNG, UH, A SIX MONTH YEAR OLD AND A 11 YEAR OLD. AND THIS IS NOT SOMETHING WE LOOK FORWARD TO. IF THIS WAS TO BE APPROVED, PLEASE CONSIDER OUR WHOLEHEARTED STEADFAST OPPOSITION TOWARDS THIS, UH, UM, THIS PROPOSED CHANGES TO THIS RESIDENCE. UM, PLEASE DO NOT ALLOW THIS TO PROCEED. IT WOULD BE A HUGE INJUSTICE FOR THE WOOD LAWN LAKE COMMUNITY. AND ON TOP OF EVERYTHING ELSE, IT WOULD LOOK TERRIBLE. SO THANK YOU FOR YOUR TIME. GOOD AFTERNOON. MY NAME IS GEORGE GATO. I AM A HOMEOWNER AT 1931 WEST FRENCH PLACE, AND I'M CALLING IN REGARDS, UH, I GUESS MY OPPOSITION TO CASE B O A 1 0 3 0 0 0 9 7. UM, 1823 WEST CRAIG. I GUESS THEY'RE REQUESTING SOME, SOME VARIANCES. UH, A COUPLE OF VARIANCES. AND, AND AGAIN, AS, AS A, AS A RESIDENT WITHIN INSIDE OF 250 FEET, UH, FROM THE SUBJECT PROPERTY, UM, I'M OPPOSING BOTH OF THE, BOTH OF THE REQUESTED VARIANCES. ONE IS SPECIFICALLY FOR A, UH, I GUESS A 13 FOOT, UM, FRONT VARIANCE. UM, YOU KNOW, WE DO HAVE N C D GUIDELINES, UM, YOU KNOW, TO PROTECT ALL THE RESIDENTS FOR SUCH, FOR, YOU KNOW, FOR THESE, UH, FOR THESE SPECIFIC REASONS. AND, AND ALSO THERE'S A, I GUESS THEY'RE REQUESTING A, A VARIANCE FOR THE REAR FIVE FOOT SETBACK, WHICH WOULD PUSH UP, I GUESS, A CARPORT RIGHT UP TO THE PROPERTY LINE. WHICH, WHICH AGAIN, I, I'VE GOT SOME ISSUES JUST WITH POTENTIAL FLOODING. UM, I KNOW THIS LOT AT ONE POINT, I BELIEVE, UH, MAY HAVE BEEN A DRAINAGE DITCH THAT GOES FROM WOODLAND LAKE PRESENT, YOU KNOW, PRESENTLY WOODLAWN LAKE THROUGH WEST BRANCH PLACE, UM, UP THROUGH, THROUGH CRAIG. SO I DON'T KNOW IF THAT'S BEEN ADDRESSED AT ALL AS FAR AS WHERE THAT POTENTIAL RUNOFF CAN GO AND HOW THAT MIGHT IMPACT SOME OF THAT, UH, YOU KNOW, PREVIOUSLY, I GUESS HISTORICALLY CLOSED OFF, UM, CLOSED OFF DITCH. UM, YEAH, I GUESS, UH, IF THERE ANY MORE QUESTIONS OR COMMENTS NEED TO BE ADDRESSED TO ME. UH, NUMBER'S 2 1 0 9 9 8 9 6 3 6. AGAIN, GEORGE VETO HOMEOWNER AT 1931 WEST FRENCH PLACE. AND IT'S IN REGARDS TO, UH, CASE BO O A 1 0 3 0 0 0 9 7. SUBJECT PROPERTY 1823 WEST CRAIG, GOOD EVENING. MY NAME IS TED GTA, THE PRESIDENT FOR THE JUSTICE NEIGHBORHOOD ASSOCIATION, 2352 WEST MULBERRY, SAN ANTONIO, TEXAS 7 8 2 1. I AM CALLING REGARDING THE AGENDA ITEM NUMBER 15, THE CASE B O A 23 DASH TEN THREE ZERO ZERO NINE SEVEN. THE JEFFERSON NEIGHBORHOOD ASSOCIATION SUPPORT WOODLAWN LAKE COMMUNITY ASSOCIATION'S OPPOSITION TO THE TWO VARIANCES BEING REQUESTED AT 1823 WEST CRAIG, THE VARIANCES WOULD SEEK TO ERO WOODLAWN LAKE'S NEIGHBORHOOD ASSOCIATION CHARACTERS DISTRICT. PLEASE SUPPORT THE HARD WORK BY THE COMMUNITY DEVELOPED AND ESTABLISHED BY THE N C D STANDARDS BY DENYING ANY REQUEST FOR THE IMPO INCOMPATIBLE DEVELOPMENT. THANK YOU. THAT IS THE END OF PUBLIC COMMENT. WE ALSO HAVE BIANCA MALDONADO. ALL RIGHT, COME ON UP. COULD YOU PICK THE PICTURE? PERFECT. YES. NOW HOW MUCH TIME AM I GONNA HAVE MINUTES? I DON'T WANT YOU TO START TILL I'M READY. YEAH. OKAY. [05:25:02] GOOD AFTERNOON. MY NAME IS BIANCA MALDONADO, AND I ALSO WANNA LET YOU KNOW THAT MY NEIGHBORHOOD ASSOCIATION, MONTICELLO PARK NEIGHBORHOOD ASSOCIATION, ALSO JOINS THE WOODLAWN LAKE COMMUNITY ASSOCIATION IN OPPOSITION TO THIS CASE. WHAT IS IMPORTANT TO NOTE IS THAT IT IS AN EXISTING STRUCTURE THAT HAS BEEN ILLEGALLY CONVERTED. THIS IS THE REASON WE HAVE N C D GUIDELINES, RIGHT? WE WANT TO ENSURE THAT WE HAVE PROPER REHABILITATION AND RESTORATION OF STRUCTURES. WHAT YOU'RE SEEING RIGHT HERE IS A HOUSE THAT WAS ILLEGALLY SUBDIVIDED, SIDE PORCHES THAT WERE ENCLOSED. SO BY CITING THE EXISTING CONDITIONS ALREADY HAVE THIS EXISTING WIDTH IS BY SAYING THAT IS APPROPRIATE FOR AN N C D. THAT IS NOT THE ARCHITECTURAL STYLE THAT'S BEING PRESENTED FOR THIS HOUSE. AND ITS A ADDITION TO CREATE A SECOND DWELLING UNIT IS NOT AN ARCHITECTURAL STYLE THAT YOU FIND IN THE WOODLAWN LAKE NEIGHBORHOOD CONSERVATION DISTRICT. THAT'S WHY YOU HAVE THE PROPERTY OWNERS. EVERY PROPERTY OWNER WHO RECORDED A MESSAGE WITH THE EXCEPTION OF THE JEFFERSON NEIGHBORHOOD ASSOCIATION, IS ONE OF THE, WITHIN THE 200 FOOT, YOU HAVE THE LADY RIGHT NEXT DOOR ON THE RIGHT SIDE OF THIS PROPERTY EXPRESSING CONCERN ABOUT THE OVERALL WIDTH BECAUSE THIS WILL NO LONGER READ AS A HOME. YOU WALK DOWN THIS BLOCK, THEY'RE ALL SINGLE FAMILY HOMES, AND HOW THEY ORIENT TO THE STREET IS IMPORTANT. THAT'S THE NUMBER ONE REASON YOU ESTABLISH NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES SO THAT YOU HAVE PREDICTABLE AND FILLED DEVELOPMENT THAT'S COMPATIBLE. YOU DON'T CITE THE INCOMPATIBILITY FOR THE REASON FOR AN ADDITIONAL VARIANCE THAT RAISES EVERY QUESTION AND WHY YOU EXIST AND WHY STAFF IS RECOMMENDING DENIAL. STAFF IS RECOMMENDING DENIAL, AND ALL THREE NEIGHBORHOOD ASSOCIATIONS HAVE COME TOGETHER IN OPPOSITION TO THIS CASE, IN ADDITION TO THE PROPERTY OWNERS ON THIS BLOCK. AND THEY'RE NOT REPRESENTED BY AN EX. MR. LEOS, YOUR VOICEMAIL GOT FILLED UP I UNDERSTAND OVER THE WEEKEND AND WASN'T ABLE TO TAKE ADDITIONAL COMMENTS FROM RESIDENTS TRYING TO VOICE THEIR CONCERN ON THIS CASE. FUNDAMENTALLY, THE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES WERE ESTABLISHED AND ADOPTED. IT WAS A ZONING OVERLAY. WE ASK FOR YOU TO UPHOLD THEM AND ASK FOR THE APPLICANT TO RECONSIDER. THANK YOU. WE HOPE YOU SUPPORT THIS FOR NO, AND I'LL ANSWER , WE HAVE SOME QUESTIONS FOR YOU. SO, COMMISSIONER ZUNA, GO AHEAD. SO MY, MY QUESTION IS DUR, DURING THE, UH, SO WE SAW WHERE THE APPLICANT GOT THE, THE ZONING APPROVAL AND PART OF THAT INCLUDED THE PLATT OF THE PROPOSED IMPROVEMENTS. DID THE NEIGHBORHOOD ASSOCIATION, WAS THAT SAME OPPOSITION PRESENTED DURING, WE WERE ALL OPPOSED SINCE THE VERY BEGINNING AFTER HE WALKED AWAY FROM THE TABLE, WE DID MEET WITH HIM WITH LONG LAKE COMMUNITY ASSOCIATION THREE TIMES. AND MIND YOU, HE CA WE PULLED HIM TO THE TABLE BECAUSE HE WENT TO ZONING, WAS PUT ON THE CONTINUANCE AGENDA THE FIRST TIME, CHALLENGED THE FACT HE WAS PUT ON THE CONTINUANCE AGENDA AND SAID, HEY, I'M HERE. I JUST WANNA TAKE MY CHANCE AT IT. HE DIDN'T REALLY WANNA ENGAGE WITH US. WE HAVE FROM THE VERY BEGINNING, BEEN CONSISTENT ABOUT ADDRESSING THE NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES. THIS IS A SITUATION WHERE SOMEONE PURCHASED A PROPERTY AND DIDN'T UNDERSTAND THE OVERLAYS THAT OCCUR. AND SO WE HAVE EDUCATED HIM THROUGH THE WHOLE PROCESS. OKAY. SO FOR THE N C D GUIDELINES, SO I HAVE A QUESTION. WHEN DID THIS CASE GO BEFORE, UH, WHEN DID THEY APPLY FOR A CHANGE OF ZONING? APRIL THE SIXTH. APRIL OF THIS YEAR? YES. SO AFTER JULY, AFTER JANUARY 1ST, IT'S MANDATORY FOR, FOR YOU TO HAVE, FOR AN APPLICANT TO DO COMMUNITY OUTREACH. THAT'S INCORRECT. THE APPLICATION FOR THE ZONING HAPPENED LAST YEAR BECAUSE IT FIRST WENT TO ZONING COMMISSION IN SEPTEMBER OF 2022. SO WHAT HAPPENED IN, HOLD ON, WHAT HAPPENED IN APRIL THEN? OH, I'M SORRY. COUNSEL APPROVED IT. COUNCIL HEARD, THAT'S THE DAY OF CITY COUNCIL. AND JUST SO YOU KNOW, IT WAS SUPPOSED TO BE HEARD AT THE LAST MEETING IN JANUARY, BUT WE HAD A RESIGNATION AND SO THE CASE WAS CONTINUED UNTIL APRIL. OKAY. SO THIS, SO YOU'RE THE NEIGHBORHOOD ASSOCIATION IN, IN, IN A BUNCH OF RESIDENTS SHOWED UP AT PLANNING COMMISSION, I ASSUME ZONING COMMISSION CITY COUNCIL, AND HE STILL GOT NINE OUT OF 10 VOTES FOR THIS? YES, THAT IS CORRECT. BUT IF YOU THINK ABOUT ZONING, WELL, NO, JUST BECAUSE ZONING CURSE DOESN'T ZONING. I'LL TELL YOU ONE THING. THIS IS AN ELECTION YEAR. IT WASN'T AN ELECTION YEAR. IT WAS, IT WASN'T FOR US. WELL, AND THEN IN THAT VOTE , WELL, I'M, ALL I'M SAYING IS, IS THAT USUALLY WHEN YOU GO THROUGH ZONING, YOU, THEY JUST, PEOPLE DON'T JUST WILLY-NILLY APPROVE THINGS. I MEAN, DID THE DISTRICT SEVEN, UH, COUNCIL PERSON VOTE TO APPROVE THIS? YES, THEY DID. THE APPOINT PERSON THAT WAS APPOINTED WITHOUT PUBLIC INPUT OR PUBLIC VOTE. AND THE ZONING COMMISSIONER, WAS IT THE PREVIOUSLY APPOINTEE OR THE, OR THE NEW, THE, THE ONE THAT WAS APPOINTED THAT APPOINTEE OUR CURRENT ONE. BUT IT FORCED A SUPER MAJORITY BASED ON THE NUMBER OF RESIDENTS THAT WERE OPPOSED. BUT I THINK FUNDAMENTALLY WHEN YOU LOOK AT THE N C D GUIDELINES, JUST BECAUSE YOU HAVE A ZONING THAT SAYS LIKE MF 33 DOESN'T MEAN YOU'RE ALWAYS GONNA GET 33 UNITS PER ACRE. BUT THIS IS, WELL, JUST LIKE R FOUR, YOU LOOK, LOOK AT N CD GUIDELINES. I'M QUESTION, NEED ANSWERED IT. HOLD ON. DO YOU LIVE IN THIS COMMUNITY? YES, I DO. OKAY. SHE DOESN'T ARGUE. SHE DOES NOT, SHE DOES NOT LIVE IN WOOD LAKE. DO YOU LIVE IN WOODLAWN LAKE UNIVERSITY CITY? I LIVE IN MONTICELLO PARK, BUT I SERVE ON A COMMUNITY COMMITTEE FOR WOODLAWN LAKE. DO YOU LIVE IN [05:30:01] WOODLAWN LAKE NEIGHBORHOOD ASSOCIATION IN THEIR, IN THEIR B POLITICAL BOUNDARY? NO, I DO NOT. OKAY. SO THAT, BUT THEIR MEMBERSHIP IS OPEN TO ANYBODY REGARDLESS OF I WAS JUST ASKING YOU LIVED IN THE NEIGHBORHOOD, THAT'S ALL. I'M SORRY. PLEASE DON'T TOUCH ME. OKAY. DID YOU SIGN UP TO SPEAK? I, I DO LIVE. I AM THE NEXT DOOR NEIGHBOR TO, WE DON'T, WE DON'T HAVE A DO YOU SIGNED UP TO SPEAK MA'AM? OH YEAH. WOULD YOU LIKE, YOU CAN PUT YOUR NAME DOWN. WE'LL HEAR YOU. UH, I DON'T HAVE ANY ADDITIONAL QUESTIONS FOR YOU SO WE CAN LIST THE COMMISSIONER MANANA. SO, UM, SO I DO HAVE A QUESTION WITH REGARDS TO, UM, THIS MAYBE FOR STAFF AS FAR AS THE POSITIONS THAT THE STAFF HAD FOR ZONING PLANNING AND, UM, CITY COUNCIL, WHAT WAS THE STAFF POSITION FOR EACH OF THOSE? STAFF? RECOMMENDED APPROVAL FOR ALL THREE OF THOSE? YES. OKAY. AND SO HERE WE'RE RECOMMENDING DENIAL THEN. SO, SO STAFF IS RECOMMENDING DENIAL. OKAY. THANK YOU. WHY IS STAFF RECOMMENDING DENIAL IF THEY, IF THERE WAS A SITE PLAN SUBMITTED, AND THIS IS WHAT WAS SUBMITTED. WHAT, WHAT'S CHANGED HISTORICALLY WHEN IT'S A NEIGHBORHOOD CONSERVATION DISTRICT, WE TRY TO, UH, STAY WITH THE DESIGN GUIDELINES OF THE DISTRICT. DID THE SITE PLAN THAT WAS SUBMITTED TO ZONING AND CITY COUNCIL, UM, ABIDE BY THE N C D GUIDELINES? NO, IT DID NOT. BUT Y'ALL APPROVED THE ZONING CHANGE ANYWAY. MM-HMM. . YES, THEY WERE CITY COUNCIL APPROVED THE REQUEST. WE GET YOUR FULL ATTENTION AND ONE ELSE DOES. OKAY. UH, WELCOME TO MA'AM. YOU CAN COME ON UP AND STATE YOUR NAME AND LET'S HEAR WHAT YOU HAVE TO THINK. OKAY. MY NAME IS DIANA RAMOS AND I LIVE AT 1815 WEST CRAIG. AND WHEN HE CAME TO MY HOUSE, HE TOLD ME THAT HE WAS GOING TO, UH, MAKE THAT PROPERTY, THE ORIGINAL PROPERTY THAT WAS THERE. HE WAS GONNA MAKE IT, MAKE IT BACK TO THE ORIGINAL, WHICH WAS MAYBE HE DIDN'T KNOW, BUT I KNEW IT WAS A ONE FAMILY DWELLING AND THERE WAS A DWELLING IN THE BACK THAT WAS BILLED ALSO IN ABOUT 1909. IT'S A HUNDRED YEARS OLD, PAST A HUNDRED YEARS OLD. THIS HOUSE. HE SAID HE WANTED TO KEEP THE HOUSE THE SAME. WELL, HE HAS TO BECAUSE THERE IS AN ORDINANCE THAT HE CANNOT CHANGE THAT, YOU KNOW, THE FRONT OF THE HOME HAS TO BE THE SAME, THE SAME WITH EVERYTHING THAT IS THERE. HE CAN PROBABLY ADD TO THE BACK, BUT HE CAN'T MAKE ALL THOSE CHANGES. AND, UM, THAT APARTMENT IN THE BACK WHEN IT WAS BUILT, IT WAS AN A MAID'S QUARTERS. I MEAN, I LIVE IN THIS NEIGHBORHOOD. MY FAMILY BOUGHT THIS HOME IN THE 1960S. SO WE'VE HA WE'VE LIVED THERE THIS WHOLE TIME. UH, IT'S A BEAUTIFUL NEIGHBORHOOD. IF Y'ALL HAVE NOT GONE BY THAT, IT'S A BEAUTIFUL NEIGHBORHOOD. THE HOUSES ARE UNIQUE. THERE'S NOT ONE HOUSE THAT LOOKS LIKE THE OTHER HOUSE. THEY'RE ALL DIFFERENT. WE WANNA KEEP IT THAT WAY. WE, UH, WHAT HE WANTS TO DO, YES, IT LOOKS FINE AND IT'S PROBABLY GOING TO LOOK NICE. WHAT IS IT GONNA LOOK LIKE IN 20 YEARS? IS HE GONNA LIVE THERE? I DON'T THINK SO, BUT, UH, THE, THE BOUNDARIES. THE BOUNDARIES IN THE WELL THAT'S YOUR, THAT'S YOUR, THAT HE HAS HERE. YEAH. THAT'S YOUR TIME. BUT WE'LL SEE IF YOU HAVE ANY COMMISSIONER QUESTIONS FOR YOU. IS THERE ANY COMMISSIONER QUESTIONS FOR THE CITIZEN? OKAY. UM, OH, THAT'S MY TIME. OKAY. YEAH. I'M SORRY. I, I HAD A QUE THAT'S OKAY. COMMISSIONER ZINA HAS A QUESTION. I HAD A QUESTION. DID YOU HAVE THE OPPORTUNITY TO LISTEN TO THE ZONING CASES AND TO THE, WERE YOU PRESENT? I WAS, I, I COULDN'T MAKE IT. I HAVE A MOTHER THAT'S 99 YEARS OLD. I TAKE CARE OF HER DURING THE DAY. I MADE A SPECIAL TRIP TO COME HERE TODAY. OKAY. AS AS, BUT I DON'T UNDERSTAND WHY ALL THOSE PEOPLE ALLOWED THIS TO GO THIS FAR. THE CITY, UH, ROSIE CASTRO WAS NOT A, I DIDN'T ELECT HER. SHE WASN'T REPRESENTING ME WHEN SHE VOTED. AND I THINK THAT WAS A, A HORRIBLE MISTAKE. WELL, THE, THE, THE, THE, I WILL POINT OUT THAT WHILE IN SOME ZONING CASES, UH, YOU KNOW, THEY'RE, THEY'RE ASKING TO DO SOMETHING, YOU DON'T REALLY KNOW WHAT IT IS. AND THIS CASE, BECAUSE THEY TURNED INTO SITE PLAN, UH, THE, THE APPLICANT WASN'T HIDING WHAT HE WAS ATTEMPTING TO DO THROUGHOUT THREE PUBLIC HEARINGS OVER THE COURSE OF THE LAST YEAR. AND IT JUST SEEMS VERY ODD THAT THERE BE SO MUCH OPPOSITION WHEN IT WENT THROUGH ALL THAT SCRUTINY ALREADY. BUT, UM, AND THEN YOU [05:35:01] HAD MENTIONED THAT EVERY, EVERY HOME IN THE AREA IS DIFFERENT. IS, IS THIS GOING TO LOOK DIFFERENT THAN OTHER HOMES IN THE AREA OR IS THIS SOMETHING THAT'S COMMON IN YOUR AREA? UH, IT'S NOT COMMON. SO IT'LL, I MEAN, SO IT'LL LOOK DIFFERENT. IT'S, IT COULD BE A BEAUTIFUL HOME AND IT'S A BEAUTIFUL PROPERTY. OKAY. WELL, UM, YOU KNOW, THANK YOU VERY MUCH FOR COMING DOWN HERE. I KNOW YOU'VE BEEN HERE A LONG TIME. 'CAUSE IT'S BEEN LATE. YES. IT'S, I'M, I IT WAS EDUCATING, I LEARNED A LOT. IT WAS AN EDUCATION FOR ME, AND I DON'T SEE HOW Y'ALL CAN SIT ALL THESE HOURS. IT WAS HARD FOR ME. SO, COMM THANK YOU. THANK YOU. COMMISSIONER BROWN IS LEAVING THE MEETING. IT IS SEVEN O'CLOCK AND CAPTAIN IS LEAVING TOO. WE DO NOT HAVE A QUORUM ANYMORE. SO WE'RE GOING TO, UM, CAN WE NEED A VOTE FOR A CONTINUANCE OR SOMETHING? WAITED SIX HOURS. WE'VE BEEN WAITING. MR. CHAIRMAN, THERE'S ONLY, WELL, WHAT ABOUT THE NEXT, LIKE A MOTION FOR CONTINUANCE? SIX HOURS. SIX HOURS. AND THEY, WELL, COMMISSIONER KAPLAN HAS LEFT IT AS 6 57. WE'RE DOWN TO NINE PEOPLE, SO, UM, I'VE BEEN HIS SIX HOURS TOO, BUT THAT'S OUR OBLIGATION AS A BOARD MEMBER TO LISTEN TO THE CASES AND DON'T SIT ON THE BOARD. IF WE CAN'T, YOU KNOW, WE HAVE TO. OKAY. SO ON THIS CASE, I, I AM I MOVE FOR A CONTINUANCE TO THE NEXT MEETING. UM, JUNE 5TH. UH, CHAIRMAN? YES. SECOND. CAN I, UH, A, CAN YOU COME? YES, SIR. YES, SIR. UH, HE WENT THROUGH THE ZONING COMMITTEE. YOU KNOW THAT? YES, SIR. HOW MANY TIMES DID YOU HAVE TO GO THROUGH THE ZONING COMMITTEE? OH, UM, DUE TO MY OWN IGNORANCE, AS MS. BKA MENTIONED THE FIRST TIME I, NO, HOW MANY TIME? 1, 2, 3, 4. OH, I WENT JUST ONE TIME THROUGH THE WHOLE THING. BUT WE HAD MULTIPLE MEETINGS. YES, SIR. WE HAD THE ZONING COMMISSION MEETINGS, AND THEN THE, UH, MEETING WITH THE, UH, MAYORS AND CITY COUNCIL AS WELL. YES, SIR. YEAH. OKAY. SO I HAVE A, I MADE A MOTION. IS THERE A SECOND? SECOND. WE HAVE A SECOND FOR CONTINUOUS TO JUNE 5TH. UH, LET'S TAKE A ROLL CALL. VOTE PLEASE. MR. MANO? YES. MR. MENCHACA? YES. MS. BROWN? YES. MS. HAYES? YES. MR. DEAN? NO. MR. ZUNIGA? YES. MS. BRAGMAN? YES. MR. OONA? YES. CHAIR ORIAN? YES. UM, VOTES. UH, NINE TO ONE OR EIGHT TO ONE? DO WE NEED A NINE ON A CONTINUANCE? NO. SUPER. SO, ALL RIGHT. MOTIONS. CONT THE CASE IS CONTINUED. IS THERE ANYTHING THAT WE CAN DO FOR US TO GO FIRST SO I DON'T HAVE TO SIT HERE FOR SIX AND A HALF HOURS? AGAIN, THE NEXT, YOU'RE GONNA BE, FIRST WE WILL BRING YOU BACK TO THE FRONT. FAIR QUESTION. THANK YOU. JUST MAKING SURE. NO PROBLEM. GOOD. THANKS GUYS. ALL RIGHT. SO THE LAST CASE IS, IS K 16. CAN YOU STAY? DO YOU HAVE, HAVE TO GO? ALL RIGHT. WELL, WE HAVE ITEM NUMBER 16. STAFF PLEASE MAKE A BRIEF PRESENTATION. ALL RIGHT. GO AHEAD AND, UH, PULL UP THE SLIDE, PLEASE. IT SHOULD BE ON YOUR EMAIL IF YOU, IT'S GONNA TAKE OVER 20 MINUTES. YOU CAN'T STAY. WE NEED TO KNOW SO WE CAN DO A CONTINUE. ALL RIGHT. SO COMMISSIONER, COMMISSIONER BROWN NEEDS TO LEAVE AND FOR US TO HAVE A VOTE ON THE CONTINUANCE. OTHERWISE, YOU GOTTA WAIT A MONTH. MISS, UH, COMMISSIONER BROWN, YOU GOTTA HOLD ON A SECOND. WE GOTTA MAKE A, I KNOW THAT'S, THAT'S WHY SHE'S GONNA VOTE REAL QUICKLY. SO, BO, O A 23 1 0 3 9. 9 1 0 3. KANSAS. UM, THE VARIANCE IS AS ADVERTISED. UH, NEXT SLIDE. THE, UH, CASE SUMMARY. OKAY. UH, NEXT SLIDE. THIS IS THE SITE PLAN AND THE SURROUNDING LOCATION AND THE SUBJECT PROPERTY. OKAY. STAFF RECOMMENDS, UM, DENIAL FOR THE, UH, LOT SIZE AND PARKING REQUIREMENTS. STAFF, FRIENDS RECOMMENDS APPROVAL FOR THE FRONT, REAR AND REVERSE CORNER. LOT SIDE SETBACK. ALRIGHT, FOUR POSTS. THERE WERE NEIGHBORHOODS AND ONE PUBLIC SPEAKER IS SIGNED UP. WHO SIGNED UP? LAWRENCE. OH, I'M THE APPLICANT. OKAY, SO DISREGARD. ALRIGHT, SO WE MOVE, UH, I MOVED TO CONTINUE TO JUNE 5TH. THERE'S SECOND, SECOND, SECOND BY COMMISSIONER MANNA, UH, PLEASE TAKE A ROLL CALL. VOTE. MR. MANNA? YES. MR. MENCHACA? YES. MS. BROWN? YES. MS. HAYES? YES. MS. CRUZ. [05:40:02] I MEAN, SORRY. UM, MR. ZUNIGA HERE. MR. DEAN? YES. MS. BRAGMAN? YES. MR. OZUNA? YES. CHAIR ORIAN? YES. MOTION PASSES. NINE TO ZERO. [ Approval of Minutes  ] UM, ITEM 17. I MOVE TO APPROVE THE MINUTES AS AMENDED. DID SECOND STAFF CATCH CATCH MY UPDATES SO I MAKE, SO ALL THOSE ARE THEN DENY ACCEPTED? YES. COMMISSIONER HAYES, DID YOU SECOND? YOU DID. OKAY. WE HAVE A SECOND. COMMISSIONER HAYES. ALL, ALL, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? MOTION PASSES. UH, I HEREBY ADJOURN THE MEETING. 7 0 2. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.